On December 19, 2022, USCIS published a new resource containing options available for nonimmigrant workers who have lost their employment. The page contains information for nonimmigrant workers whose employment terminated, either voluntarily or involuntarily. The workers may have the listed options below for remaining in the United States for a period of authorized stay based on existing rules and regulations.
• 60-Day Grace Period: Regulations permit a discretionary grace period that allows workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications (and their dependents) to be considered as having maintained status following the cessation of employment for up to 60 consecutive calendar days or until the end of the authorized validity period, whichever is shorter (See 8 CFR 214.1(l)(2)).
• Transfer to a New Employer: Portability rules permit workers currently in H-1B status to begin working for a new employer as soon as the employer properly files a new H-1B petition with USCIS, without waiting for the petition to be approved.
• Change of Nonimmigrant Status: Workers may use the up to 60-day discretionary grace period to apply to change their nonimmigrant status, which may include changing status to become the dependent of a spouse (e.g., H-4, L-2).
• Change of Status and Employer: Workers may use the up to 60-day discretionary grace period to seek a new employer-sponsored nonimmigrant status in the same or different status.
• Adjustment of Status: Some workers may be eligible to file a self-petitioned immigrant visa petition concurrently with an adjustment of status application.
• Period of Authorized Stay – Compelling Circumstances Employment Authorization Document: Workers who are the beneficiary of an approved employment-based immigrant visa petition (Form I-140) may be eligible for a compelling circumstances EAD for up to one year if they do not have an immigrant visa available to them in the Department of State’s Visa Bulletin, and face compelling circumstances.
• Expedite Criteria: Some circumstances may warrant expedited adjudication, including applications to change status to a dependent status that includes eligibility for employment authorization.
• Departure from the United States: Workers may choose to depart the United States.
You can read the full and detailed guidance from USCIS here https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/options-for-nonimmigrant-workers-following-termination-of-employment
Remzi Guvenc Kulen, Esq.
Kulen Law Firm, P.C.
