When it comes to retaining their immigration status, foreign workers in the United States on non-immigrant work visas frequently encounter difficulties, particularly in the event of job termination.

Nonimmigrant work visas, like the H1B visa, are frequently linked to a particular employer and allow their holders to live and work in the US. As a result, if your employment arrangement breaks, your visa situation may be in jeopardy, and you might even have to leave the country. 

Understanding the effects of losing your employment and your choices for preserving your immigration status is crucial.

Using the Discretionary Grace Period of 60 Days

Most of the time, employees on nonimmigrant visas are given a 60-day optional grace period after losing their jobs. Several visa categories, including E1, E2, E3, H1B, H1B1, L1, O1, and TN, as well as their families, are covered under this time frame. 

You may look for new employment during this period and request that a potential employer submit a petition for an extension of stay on your behalf. As an alternative, you can think about changing your nonimmigrant status by, for example, moving to a B-2 guest visa or, if qualified, submitting an application for adjustment of status. 

However, it's imperative to act proactively during this 60-day window. Should you not find a new job or submit a change of status application, you might have to leave the country.

Investigating Alternative Visa Options and Status Adjustment

Another option for people who are losing their jobs is to apply for a change of status. You may seek a change in your non-immigrant status during the 60-day discretionary grace period. For instance, you might think about changing from H1B to H-4 or L-2 status to become a dependent of a spouse.

Spouses of E1, E2, E3, or L-1 non-immigrants may be eligible for employment authorisation under certain dependent non-immigrant statuses. Spouses of H1B employees may occasionally qualify for work authorization provided certain conditions are met.

Other non-immigrant visas such as student status (F-1) or guest status (B-1/B-2) might also offer alternatives for extending your stay in the US. Understanding the limitations and specifications related to each visa category is essential, though.

Conclusion

After losing your employment, negotiating your US visa status demands initiative and knowledge of your options. You can take steps to keep your legal status in the country by taking advantage of the discretionary grace period, investigating portability to a new workplace, and looking into alternative visa options. 

FAQS

If I lose my work, what happens to the status of my US visa?

Your immigration status may be impacted if you lose your employment while on a non-immigrant work visa. It's critical to take aggressive measures to maintain your standing or look into other possibilities.

What can happen if I am unable to secure a new job during the grace period?

You can be forced to leave the US if you are unable to find a new job or submit a change of status application within the grace period.