
The United States Citizenship and Immigration Services (USCIS) has an immigrant employee post-termination guide, but it has been moved to the agency's digital archives.
The archived material indicates that the information has been maintained for future reference, but it may be out of date or that USCIS no longer applies it in the same way, reports Financial Express.
When a nonimmigrant worker's employment terminates, either voluntarily or involuntarily, they may, if eligible, take one of the following options to continue their authorised stay in the United States:
Apply for a change of nonimmigrant status;
Apply adjustment of status;
Apply to a “compelling circumstances” employment authorisation document; or
Be the beneficiary of a nonfrivolous petition to change employer.
If one of these steps is taken within the 60-day grace period, the nonimmigrant's authorised stay in the United States may extend 60 days, even if they lose their previous nonimmigrant status.
If the worker does not take action within the grace period, they and their family may be required to leave the United States within 60 days, or when their authorised validity term expires, whichever is sooner.
The maximum 60-day grace period allows a nonimmigrant worker to maintain their nonimmigrant status.
Alternatively, the 60-day grace period gives the worker time to request a change of status, which may allow the worker to continue their job search from within the United States even if the grace period and present nonimmigrant status expire.
The grace period also allows certain spouses of nonimmigrant workers to continue working if they hold an Employment Authorisation Document or are employment-authorised incident to status.
During the grace period, eligible H-1B nonimmigrant workers can resume employment as soon as a new employer correctly files a new H-1B petition, rather than waiting for the new petition to be accepted.
The maximum 60-day grace period only applies to workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications (and their dependents).