If I lose my job while in the U.S. on an employment-based visa, can I stay in the U.S.?

employment-based visa immigration man working

Layoffs are stressful for everyone, but they are even more stressful for individuals whose immigration status directly reflects their employment status. If eligible, an individual may seek an employment-based visa which could grant them temporary entry into the U.S. to work. However, if an individual with an employment-based visa loses their job, they may lose their temporary status in the U.S., which could cause them to be deported. Luckily, however, individuals who lose their job while they are in the U.S. on an employment-based visa have several options that could help keep them in the U.S. for specific employment purposes. There is no need to panic as a trusted New Jersey Immigration Lawyer can help you maintain your immigration status to keep you in the U.S.

Is it possible to stay in the U.S. if I lose my job while on an employment-based visa?

If an individual is in the U.S. on an employment-based visa and they lose their job, there are several available options that may help non-immigrant workers remain in the U.S. for a certain period of time after they have been terminated from their occupation. The following are potential options:

60-Day Grace Period

Firstly, an available option for non-immigrant workers who lose their jobs is a 60-day grace period. After termination from their employer, non-immigrant workers have the option to stay conditionally in the U.S. for 60 consecutive days or until the end of their authorized validity period. This gives them time to find a new employer and a new job. However, within this period, their employer must file a petition to request an extension of stay. If the individual’s new employer files timely they may be granted a period of authorized stay, which ultimately keeps them in the U.S. However, if the new employer fails to file within the right time frame or the non-immigrant worker cannot find another employment option, they may have to depart from the U.S. The only parties that are permitted this 60-day grace period are workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-, or TN classifications and their dependents.

Change of status

Additionally, another option for non-immigrant workers is to change their status to become a dependent of their spouse. They may also seek a new employer-sponsored non-immigrant status in the same or different status. It is critical to note that filing for revised statuses is time sensitive and must be done as quickly as possible.

There are several other available options for non-immigrant workers that may help them stay in the U.S. after losing their job while on an employment-based visa. Understandably, getting laid off is stressful and scary for non-immigrant workers whose employment status directly impacts their immigration status. However, there is no need to worry or panic as one of our determined and knowledgeable team members can help you review available options. This may help you maintain your immigration status in the U.S.

If you have lost your job while on an employment-based visa, please don’t hesitate to contact our dedicated team members today. We are ready to fight for you today.