US | Options for Nonimmigrant Workers Following Termination of Employment

Following a recent wave of worker layoffs, USCIS has released a list of available options for nonimmigrant workers who have lost their jobs. Workers with E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications have a 60-day grace period to stay in the U.S.

  • During this time, formerly employed nonimmigrants can try to find a new employer to file an extension of stay request on their behalf.
  • If they are unable to find new employment, these nonimmigrants can also file an application to change to a new nonimmigrant status like a B-2 visitor nonimmigrant status or become the dependent of a spouse.
  • Some requests to change status may be eligible for expedited adjudication.
  • Workers also have the option to leave the country, but U.S. employers are required to pay the reasonable transportation costs for laid-off H-1B and O workers who opt to leave the country. 
Erickson Insights

Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.