Losing your job can be an overwhelming experience, and when your immigration status is tied to your employment, the stakes feel even higher. If you’re on a work visa, such as an H-1B or another U.S. visa category, you might be worried about your options. Don’t panic. This guide will walk you through what to do next and how to maintain your immigration status.
Understanding Your Immigration Status After a Layoff
If you’re working in the U.S. on an H-1B, L, O, or TN visa and lose your job, your immigration status could be immediately impacted. Many U.S. work visas require that you remain employed to maintain lawful status. If you’re no longer employed, the U.S. Citizenship and Immigration Services (USCIS) will likely classify you as “out of status.”
However, that doesn’t mean you need to pack your bags and leave the country right away. You might still have options.
The 60-Day Grace Period
After losing your job, most work visa holders are granted a 60-day grace period by USCIS. This window gives you time to either find a new job, change your visa status, or leave the country.
The grace period typically begins from the last day you performed work, *not the date of your final paycheck. During this time, you can search for new employment, but it’s critical to act fast and understand when your I-94 expires, as that might take precedence.
What Are Your Options After Losing a Job on a Work Visa?
1. Find New Employment Within 60 Days
The most common approach for visa holders is to find a new sponsoring employer within the 60-day grace period. Thanks to visa portability rules, if you secure a new job in time, your new employer can file for a visa transfer (usually H-1B or another applicable visa) without you having to leave the U.S.
Your new employer must file a Labor Condition Application (LCA) with the Department of Labor, and after the LCA is approved, they’ll need to submit a new Form I-129 for you to transfer the visa. The key is to start early—aim to get everything in place well before your grace period ends to avoid complications. You have to start your new role on/before the 60th day to stop the clock.
2. Apply for a Change of Status
If you’re unable to secure new employment within the grace period, you might be eligible to apply for a change of status to stay in the U.S. legally. Some of the common visas you could transition to include:
- B-1/B-2 Visitor Visa: If you need more time to wrap up your affairs or continue your job search, switching to a B-1/B-2 tourist visa could be an option. It allows you to stay in the U.S. for up to six months, though it doesn’t authorize employment.
- Student Visas (F, M, J): If you’re considering going back to school, you could apply for a student visa. You’ll need to be accepted into a program and file the appropriate paperwork, but this option allows you to stay in the U.S. while furthering your education.
- H-4 Dependent Visa: If your spouse holds a work visa, you could potentially apply for dependent status under their visa category. Some H-4 visa holders are also eligible for work authorization.
- O-1 Visa: If you’re an individual with extraordinary ability in your field, you may be able to apply for an O-1 visa, which can provide more flexibility than the H-1B.
3. Return to Your Home Country
Although less common, you always have the option to return to your home country or another country of residence. If you decide to leave the U.S., your employer is required to cover the cost of transportation back to your last country of residence if you’re on an H-1B visa.
Special Considerations for Green Card Applicants
If you were in the process of applying for a green card when you lost your job, the situation might be more nuanced. Generally, if your I-485 adjustment of status application has been pending for more than 180 days, you may be able to transfer your green card application to a new employer without losing your priority date. The new job must be similar to the one that was listed in the original green card application.
If your application hasn’t been pending for 180 days or more, your new employer may need to restart the process by filing a new PERM and I-140 petition.
Next Steps: Consult an Immigration Expert
Navigating a job loss on a work visa can be complicated, and the best approach depends on your individual situation. It’s essential to explore all of your options and act quickly to maintain your legal status in the U.S.
If you’re unsure about your next steps, it’s a good idea to consult with an immigration attorney who can help you navigate your situation and provide personalized advice.
Take Control of Your Future
Losing your job while on a work visa can feel overwhelming, but it’s important to remember that you have options. Whether you’re finding a new job, changing your visa status, or exploring alternative pathways, understanding your choices is key to staying on the right track.
For personalized guidance, contact our AI-powered immigration services platform today. Our platform can help connect you with immigration attorneys, explore your visa options, and offer support during your transition. We’re here to help you take control of your future.
Additional Resources
- [TBD] How to Change Status From an H-1B Visa to a Travel Visa
- [TBD] H-1B to B1/B2 from Within US: Form I-539
- Schedule a consultation with our immigration experts
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Disclaimer
This guide is for informational purposes only and should not be considered legal advice. Consult with an experienced immigration attorney for personalized guidance.
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