Understanding Options for Nonimmigrant Workers During 60-Day Grace Period after Termination

The sudden loss of employment as a nonimmigrant worker in the United States creates immediate concerns about immigration status. Fortunately, eligible workers have options during the 60-day grace period following termination.

This guide covers what the grace period is, when it starts, how to calculate it, and the various pathways available to maintain legal status in the US.

What Is The 60-Day Grace Period?

The 60-day grace period allows certain nonimmigrant workers to remain in the United States for up to 60 consecutive calendar days or until the end of their authorized validity period (whichever is shorter) after their employment ends.

This grace period serves as a critical buffer, giving foreign workers time to pursue new employment opportunities, change their status, or prepare for departure without immediately falling out of status.

During this time, immigration authorities consider these individuals to have maintained their nonimmigrant status, providing valuable breathing room during a challenging transition.

Now that we understand what the grace period is, let's look at when it actually begins. Knowing the exact start date is crucial for planning your next steps.

When Does The 60-Day Grace Period Start?

The 60-day grace period begins the day after employment termination. The termination date is typically determined based on the last day for which a salary or wage is paid.

The grace period applies to both voluntary resignations and involuntary terminations. This means that whether you choose to leave your position or your employer terminates your employment, you may still benefit from the 60-day grace period.

Here are some important considerations regarding the start date:

• Document your last official day of employment and final pay date
• Obtain termination documentation from your employer if possible
• The grace period begins regardless of whether the employer notifies USCIS of your termination
• Pay attention to the exact date to avoid miscalculating your grace period end date

Once you know when your grace period starts, you'll need to calculate exactly when it ends.

How To Calculate The 60-Day Grace Period?

Calculating the 60-day grace period requires careful attention to specific dates. The process involves:

1. Identify your last day of employment (the day you received your final pay)
2. Start counting the grace period from the next calendar day
3. Count 60 consecutive calendar days (not business days)
4. Be aware that the grace period cannot extend beyond your I-94 expiration date

Keep in mind that if you find new employment and file a petition during the grace period, you may remain in the United States while that petition is pending, even after the grace period ends. This is important because the grace period provides time to file a petition, but the actual adjudication may take longer than 60 days.

With the timing figured out, you might wonder how to request this grace period.

How To Request A 60-Day Grace Period?

Unlike many immigration benefits, there is no formal application process to request the 60-day grace period. Instead, U.S. Citizenship and Immigration Services (USCIS) determines whether the grace period applies during the adjudication of subsequent benefit requests, such as:

• Extension of stay petitions
• Change of status applications
• Adjustment of status applications
• Compelling circumstances employment authorization applications

When filing these subsequent requests, include the following information:

• A cover letter explicitly requesting a favorable exercise of discretion to grant the grace period
• Documentation of your last day of employment
• Evidence that you maintained valid nonimmigrant status prior to termination
• Timeline showing you filed within the grace period

USCIS reviews these factors on a case-by-case basis to determine whether to exercise discretion favorably. The grace period is not automatically guaranteed—it requires USCIS to make a discretionary determination based on the specific circumstances.

After learning how to request the grace period, many wonder if they can use it more than once.

How Many Times Can You Apply For A 60-Day Grace Period?

The 60-day grace period is available once during each authorized validity period. This means you can benefit from the grace period multiple times throughout your stay in the United States if you receive new periods of authorized stay.

For example:

• If you are terminated while working for Employer A and USCIS grants you the 60-day grace period, you've used your grace period for that validity period
• If you find new employment with Employer B, who files a new petition with a new validity period, and you later lose that job, you would be eligible for another 60-day grace period during this new validity period.

This distinction is important because it means the grace period is not a one-time benefit throughout your entire time in the United States but rather available once during each discrete period of petition validity.

While the grace period has limits on how many times it can be used, you might wonder if it's possible to extend it when needed. Let's look at your options if 60 days isn't enough.

Can You Extend The 60-Day Grace Period?

The 60-day grace period cannot be directly extended beyond the maximum 60 days or the end of your authorized validity period, whichever comes first. However, there are several strategies that effectively provide additional time in the United States:

• Filing a change of status application before the grace period ends (such as changing to B-1/B-2 visitor status)
• Having a new employer file a petition for you before the grace period ends
• Filing an application for adjustment of status if eligible
• Applying for a compelling circumstances Employment Authorization Document if you have an approved employment-based immigrant petition but cannot yet file for adjustment of status

Each of these actions, if filed before the end of your grace period in a timely manner, can prevent the accrual of unlawful presence while the application or petition remains pending, even after the grace period itself has expired. This provides valuable additional time to resolve your immigration situation.

Since direct extensions aren't possible, it's important to understand what alternatives are available during your grace period. You have several pathways to consider.

Available Options During The Grace Period

During the 60-day grace period, nonimmigrant workers have several pathways to maintain or change their status in the United States. These options include:

1. Finding A New Employer

Securing a job with an employer willing to sponsor your continued nonimmigrant status represents the most straightforward option. For H-1B workers specifically, portability provisions allow you to begin working for a new H-1B employer as soon as they properly file a new H-1B petition on your behalf without waiting for approval.

For other nonimmigrant classifications, you must wait for petition approval before beginning new employment. Premium processing is available for certain petitions, which can reduce processing time to 15 business days for an additional fee.

2. Changing Nonimmigrant Status

You may apply to change to a different nonimmigrant classification, including:

• Dependent status (such as H-4, L-2) if your spouse maintains valid status
• F-1 student status if you plan to pursue education
• B-1/B-2 visitor status to prepare for departure or continue your job search

The timely filing of a non-frivolous application to change status prevents the accrual of unlawful presence while the application is pending, even after the grace period ends.

3. Filing For Adjustment Of Status

If eligible, you may file for adjustment of status to permanent residence. Some categories allow self-petitioning, such as:

• EB-1 Extraordinary Ability
• EB-2 National Interest Waiver
• EB-5 Immigrant Investor

Workers with pending adjustment applications are generally eligible to remain in the United States and obtain work authorization.

4. Applying For Compelling Circumstances EAD

Workers with an approved employment-based immigrant visa petition who face compelling circumstances may be eligible for employment authorization if:

• A visa number is not currently available in their category
• They can demonstrate compelling circumstances

This "stopgap" measure allows continued work authorization while waiting for a visa number to become available.

5. Preparing For Departure

If other options are not viable, use the grace period to prepare for departure from the United States. This includes:

• Making travel arrangements
• Settling financial and personal affairs
• Ensuring proper documentation of your timely departure

Whether you're staying or leaving, understanding the rules that affect your status during the grace period is also essential.

Regulations And Maintaining Status

Understanding the regulations that affect your status during the grace period is crucial:

1. Employment Restrictions

The grace period does not automatically authorize employment. You cannot work during the grace period unless separately authorized under existing regulations. H-1B portability is one such exception, allowing eligible H-1B workers to begin new employment once a new petition is properly filed.

2. Travel Considerations

The grace period ends immediately upon departure from the United States. If you travel internationally during the grace period, you must have appropriate documentation to re-enter, or you will lose the remainder of your grace period.

3. Status Of Dependents

Dependents maintain their derivative status during the principal's grace period. If a dependent spouse holds valid work authorization, they may continue working during the grace period.

4. Documentation Requirements

Maintain documentation of:

• Your last day of employment
• Communications with former and prospective employers
• All filings with USCIS
• Evidence of efforts to maintain status

These records will be crucial if questions about your status arise later.

Final Thoughts

The 60-day grace period provides valuable time for nonimmigrant workers to transition between jobs or pursue other immigration options after employment ends. Understanding when the grace period starts, how to calculate it, and the available options during this time is essential to maintaining lawful status in the United States.

Navigating these options requires careful planning and attention to timelines. Complex immigration regulations and individual circumstances can make this challenging, especially during the stress of job loss.

Alma simplifies the immigration process by guiding you through each step of your journey. From assessing your eligibility for various options to preparing a strong petition, Alma's expert immigration attorneys ensure you make the most of your grace period. Let Alma be your partner on the path to immigration success during this crucial shifting period.

Ready to explore your immigration options? Schedule a free consultation with Alma today!