Alternatives for Nonimmigrant Workers Who Were Terminated from Employment

Published: January 12, 2023

There are two routes for noncitizens to have legal employment in the United States: immigrant and nonimmigrant visas. Employment-based visas often take more time to process but grant permanent residency. However, if you are not aiming for a green card, getting a nonimmigrant employment-based visa would be more practical; or in many cases you can apply for both.

According to official records, the USCIS issued 356,240 nonimmigrant work visas in 2021. This statistic covers both new and returning immigrants. 

In 2022, the Department of Homeland Security (DHS) and the Department of Labor (DOL) implemented an increase to the number of nonimmigrant visa issuances. The numerical limit for the H-2B nonimmigrant visas expanded to 35,000 more visas. This initiative aims to address the potential shortage of noncitizen workers.

Besides keeping track of the availability of nonimmigrant visas, it’s significant to learn about what could happen if your employment through a nonimmigrant visa expires. 

This particular situation can lead to several legal scenarios. Protect your rights and interests by consulting with an immigration attorney.

The 60-Day Grace Period

Fortunately, the law provides a safety blanket for individuals with a sponsored nonimmigrant status. Nonimmigrant workers whose employment ceases have at least 60 consecutive calendar days or until the end of the authorized validity period, whichever is shorter, to maintain their employment visa status.  Within the said 60 days, the nonimmigrant workers and their dependents can legally stay within US borders and exercise the rights and privileges they enjoy.

This grace period is decent timeline for nonimmigrant workers to decide what to do with their visa sponsorship.

Notably, nonimmigrants who do not execute any legal actions for the maintenance or adjustment of their status within 60 days may need to depart from the United States.

Please note that the 60-day period may apply to the following visa holders and their dependents:

• E-1 visa
• E-2 visa
• E-3 visa
• H-1B visa
• H-1B1 visa
• L-1 visa
• O-1 visa
• TN classifications

Alternatives for Nonimmigrant Workers Who Were Terminated from Employment

For nonimmigrants, reaching the end of an employment contract can be overwhelming. Unless you want to return to your home country without intentions of returning to the United States, the 60-day grace period will be troubling and hectic.

If you are having trouble figuring out what to do after the termination of your employment, study these options:

Portability to a New Employer

Portability is the ability of nonimmigrant workers to start working under a new employer as soon as the said employer files the appropriate petition.

To gain portability, an employee does not have to wait until approval of their petition.

The portability provision under immigration laws functions to preserve the legal status of nonimmigrant employees currently residing in the United States. It prevents nonimmigrant employees from being unlawfully present in America.

Although portability enables nonimmigrant employees to enter into employment with a new employer, it is necessary that the new employer already submitted a Labor Condition application (LCA) on behalf of the transferring worker.

Change of Status

Eligible nonimmigrant workers may also utilize the 60-day grace period to change their nonimmigrant status. There are several options that for nonimmigrant employees.

For example, from a nonimmigrant employment-based visa holder, one may opt to change into being dependent of a spouse. The most common examples include the H-4 and L-2 visas. 

On the other hand, spouses and dependents of nonimmigrant workers may also change their status. Notably, spouses of H-1B workers can obtain work employment authorization and become nonimmigrant workers themselves. 

Nonimmigrants can potentially change into a student status (F-1) or visitor status (B-1 or B-2). Always consult an immigration attorney to determine which immigration route is best for you.

Change of Status and Employment

Besides separately changing one’s status and employment, nonimmigrant workers also have the freedom to do both. Within the 60-day grace period, workers may coordinate with employers to gain a new sponsorship for a different work and status.

One common example is when an L-1 worker seeks new employment under the TN, E-3, or H-1B1 classifications. Processing this change on time will prevent the applicant from accruing an unlawful presence in the country.

Please note that the mere act of filing does not automatically confer employment authorization. In addition, it does not extend the employment authorization a worker originally had.

Filing petitions to change status and employer may take time, so it is worth looking into premium processing options for an additional fee.

Compelling Circumstances EAD

It is possible for some workers to acquire temporary employment authorization under compelling circumstances. USCIS typically implements this temporary stopgap measure to benefit applicants who got caught in systemic backlogs and suffered adverse effects.

Notably, workers with compelling circumstances EAD no longer maintains a nonimmigrant status. While the EAD remains valid, they are deemed to have lawful presence within United States.

Departure from the US

Whether your employment ended voluntarily or involuntarily, there is always the option to go home after the expiration of your visa. Unless you file another petition, you may no longer maintain nonimmigrant status in the United States.

However, going back to your home country does not necessarily mean giving up on your dreams of greener pasture in the United States. Although there are times that you must leave the United States, you may still have the option to seek readmission. Readmission may be possible if your ongoing nonimmigrant visa remains active and valid. Consult with a trustworthy immigration attorney for more details.

Immigration and Employment Support in Los Angeles, CA

Finding employment while maintaining a nonimmigrant status can be challenging, especially when you do things alone and without expert guidance. The lack of technical knowledge and experience may prevent you from taking full advantage of law provisions. In addition, you may also increase the risk of committing mistakes.

There is no need to handle employment and immigration matters by yourself. ALG Lawyers can offer you a helping hand all the way.

As adept immigration lawyers, our team can provide insights and solutions to your immigration-related problems. We assure you that partnering with us can bring you significant benefits. Let us know when your schedule is free for an appointment.