If you are on a work visa in the USA and your employment is terminated, you generally enter a 60-day grace period to determine your next steps. This crucial window allows you to either secure new employment, apply for a change of visa status, or make arrangements to depart the United States.
The 60-Day Grace Period Explained
Upon termination of employment, individuals holding certain nonimmigrant work visas, such as the H-1B, L-1, O-1, and E-series visas, are typically granted a 60-day grace period (or until their I-94 expiration, whichever comes first). This period is vital for visa holders to manage their status in the U.S.
During this grace period, you have several critical options:
- Seek New Employment: The primary goal for many is to find a new employer who is willing to sponsor a new work visa petition on your behalf. If a new petition is filed within the 60 days, you may be able to remain in the U.S. and potentially begin working for the new employer once certain conditions are met (e.g., portability rules for H-1B visas).
- Change Visa Status: You may explore options to change to another nonimmigrant status, such as a B-1 (business visitor) or B-2 (tourist) visa, if you need more time to wrap up affairs or have other non-work-related reasons to stay. However, this is typically for short-term stays and doesn't allow for work.
- Prepare for Departure: If neither new employment nor a change of status is feasible, you must prepare to leave the U.S. by the end of the 60-day grace period to avoid accruing unlawful presence, which can have severe immigration consequences for future travel or visa applications.
It's crucial to understand that the grace period is not automatic in all cases, and its applicability can depend on the specific visa type and individual circumstances. Consulting with an immigration attorney is highly recommended to confirm eligibility and understand precise deadlines.
Understanding Your Work Visa Status
Different work visas have varying rules regarding employment termination. The most common work visa affected by job loss is the H-1B visa, but others like L-1 (intracompany transferee), O-1 (extraordinary ability), and E-series (treaty trader/investor) visas also have specific provisions.
| Visa Type | Grace Period Provision | Key Action After Termination |
|---|---|---|
| H-1B | Up to 60 days | Find new employer for transfer, change status, or depart. |
| L-1 | Up to 60 days | Find new employer (if applicable), change status, or depart. |
| O-1 | Up to 60 days | Find new employer for transfer, change status, or depart. |
| E-1/E-2 | Up to 60 days | Similar to others, tied to sponsoring employer. |
Note: The 60-day period begins the day after your employment is officially terminated. It does not extend beyond your I-94 expiration date if that comes sooner.
Key Actions to Take After Termination
Being fired on a work visa requires prompt and strategic action to maintain your legal status in the U.S.
1. Review Your Visa Type and Terms
Understand the specific regulations that apply to your visa category regarding employment termination. Your visa petition and I-797 approval notice contain critical information.
2. Seek Legal Counsel Immediately
An experienced immigration attorney can provide tailored advice, explain your options, and help you navigate the complex immigration processes. They can:
- Confirm your eligibility for the 60-day grace period.
- Advise on the best course of action based on your specific situation.
- Assist with filing new petitions or applications.
3. Explore New Employment Options
Actively search for a new job with an employer willing to sponsor a new work visa.
- Network: Reach out to professional contacts and industry peers.
- Job Boards: Utilize online job portals and professional recruiting services.
- Visa Sponsorship: Clearly communicate your need for visa sponsorship to potential employers.
- "H-1B Cap-Exempt" Employers: If applicable, consider organizations that are cap-exempt (e.g., universities, non-profits) as they can file petitions outside the annual H-1B lottery.
4. Consider Changing Visa Status
If finding new employment is not immediately possible, discuss with your attorney whether a change of status is a viable short-term solution. Options might include:
- B-1/B-2 Visitor Visa: To allow more time in the U.S. for non-employment reasons. Be aware that changing to a visitor visa may make it harder to change back to a work visa from within the U.S. later.
- F-1 Student Visa: If you plan to enroll in a full-time academic program.
5. Prepare for Departure
If all other avenues are exhausted, plan for a timely departure from the U.S. within the grace period.
- Arrange Travel: Book flights and make necessary arrangements for your return to your home country.
- Close Affairs: Settle any financial matters, close bank accounts, and prepare to move out of your residence.
- Document Everything: Keep records of your termination, job search efforts, and departure plans, as these may be relevant for future visa applications.
Potential Outcomes
The outcome of getting fired on a work visa depends heavily on the actions you take within the grace period:
- Successful Transition: You secure new employment, and your new employer files a timely petition, allowing you to maintain your legal status and continue working in the U.S.
- Change of Status: You successfully change to another nonimmigrant status, providing a temporary solution to remain in the U.S. for non-work purposes.
- Departure: You leave the U.S. within the grace period, avoiding unlawful presence and preserving your ability to apply for future U.S. visas.
- Overstay/Unlawful Presence: If you fail to take action and remain in the U.S. beyond the grace period without a valid status, you will accrue unlawful presence. This can lead to bars on re-entry to the U.S. for several years, making it very difficult to obtain future visas.
