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Options for Non-Immigrant Workers Who Have Been Laid Off or Terminated

2022 and 2023 has seen a surge in layoffs across the board with economic uncertainly has caused many employers both large and small to reduce their workforce.  For those who are in the U.S. in non-immigrant status such as H-1B, H-1B1, E-3, L-1, TN or O-1, being laid off can have consequences beyond having no paycheck.

USCIS has clarified that non-immigrant workers who have been laid off or terminated will have a 60-day grace period to take certain actions.  Specifically, if any of the following actions are taken within 60 days of the end of employment, the non-immigrant worker will be considered to remain in authorized, lawful status.

Update:  On March 14, 2023, a Presidential Subcommittee voted to increase the 60-day grace period for laid off H-1B workers to 180 days.  This has not been finalized yet but check back for updates.

A new employer files a petition to change or transfer non-immigrant status

If you accept a new position and the new company files a timely petition to change or to transfer your status, you may be able to stay beyond the 60-day grace period.  For example, you were in H-1B status with Company A and laid off on February 1st.  You accept a new position with Company B on February 15th and the new employer files an H-1B petition on your behalf.  You can stay beyond 60 days until the new petition is approved so long as the petition was not-frivolous.

You file a petition to change to another non-immigrant status

You are laid off on February 1st.  On February 20th, you are accepted and enroll in a SEVIS-approved school.  You may file an application to change your status from H-1B to F-1 before April 1st.

You file an application for adjustment of status

You were in H-1B status and laid off on February 1st.  You have been in a relationship with a U.S. citizen and decide to get married.  If you file an application to adjust your status before April 1st, you may continue to stay in authorized status.

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Call us at (310) 591-8200 or send us an email at contact [@] maxlawinc.com.

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Recent Articles

  • H-1B Layoff Grace Period May Be Extended From 60 Days to 180 Days
  • Determining the Employer’s Ability to Pay the Proffered Wage for Employment-Based Immigrant Petitions
  • Options for Non-Immigrant Workers Who Have Been Laid Off or Terminated
  • Premium Processing Now Available for F-1 Students With EAD Applications for Optional Practical Training
  • FY2024 H-1B Lottery Now Open for Registration

Filed Under: EAD, Employment Authorization, Entrepreneurs, H-1B, L-1, O-1, OPT, Students, TN, U.S. Immigration, Uncategorized, USCIS

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