Navigating a layoff as a non-immigrant on an employment-based visa in the U.S. can be complex, especially in a challenging job market. Here’s a detailed breakdown of the options and processes available:
- 60-Day Grace Period
- USCIS allows a 60-day grace period for non-immigrants on H-1B, O-1, E-1, E-2, TN, and E-3 visas to find a new job and transfer their visa. This period begins the day after the last day of paid employment.
- Action Steps:
- Find a New Employer: Ideally, you should secure a new job and have the new employer file a petition before the grace period expires.
- Transfer Visa: Once a new job is secured, the new employer can file a petition to transfer your visa. Ensure the new employer is aware of the visa requirements and process.
- Change of Status Options
If you’re nearing the end of the 60-day period and haven’t secured a new job, you have several alternatives:
- Student Visa (F-1):
- Eligibility: If you plan to pursue further education.
- Process: Apply to a SEVP-approved school and file Form I-539 to change status.
- Dependent Visa:
- Types: H-4 (for H-1B spouses), L-2 (for L-1 spouses), F-2 (for F-1 students’ spouses), TD (for TN spouses).
- Process: File Form I-539 to change your status to a dependent visa.
- Visitor Visa (B-2):
- Eligibility: Allows you to stay temporarily while you get your affairs in order.
- Process: File Form I-539 to change status to a B-2 visitor visa.
- Additional Options
In certain scenarios, there are additional options to consider:
- Adjustment of Status:
- Eligibility: If you have a current priority date for an employment-based or family-based immigrant visa.
- Process: File Form I-485 for adjustment of status, provided you are eligible.
- Compelling Circumstances Employment Authorization Document (EAD):
- Eligibility: Beneficiaries of an approved Form I-140 petition who face compelling circumstances and do not have an available immigrant visa.
- Process: Apply for a compelling circumstances EAD if you meet the criteria. This EAD allows you to work while preventing unlawful presence.
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