What to Do After Losing Your Job? Potential Legal Pathways for Nonimmigrant Workers

Published: January 19, 2025

A slightly higher percentage of foreign-born individuals were unemployed in 2023 compared to 2022. The unemployment rate edged up from 3.4 percent to 3.6 percent. Regardless of the marginal increase, losing one’s job can cause immense anxiety and uncertainty, especially when it’s tied to your immigration status. 

Understanding the legal options for staying in the US after a job loss is crucial for nonimmigrant workers. Doing so helps you maintain lawful status and pursue new opportunities based on existing immigration rules. However, many nonimmigrant workers mistakenly believe they must leave the US within 60 days of losing their jobs. 

Thus, here, we’ll explore what steps you can take, specifically the possible pathways to remain in an authorized stay period in the US after a layoff or termination of employment. 

Apply for the Maximum Grace Period

Checking the maximum grace period of your visa type is crucial when losing your job. Foreign workers holding the following nonimmigrant visas and their dependents have a grace period of up to 60 days: 

• E-1
• E-2
• E-3
• H-1B
• H-1B1
• L-1
• O-1
• TN classifications

The 60-day grace period enables you to retain your immigration in the US and navigate options without the immediate need to leave the country. Likewise, it gives you an opportunity to request a change of status.

Request a Status Change to a Different Visa Category

Within the grace period, eligible nonimmigrant workers may request a change of status to a different visa category that permits work authorization. For instance, you can transition to an F-1 student visa if you’re on an H-1B visa. 

But be aware that you cannot begin working under the new visa classification until you get approval for the change of status. Hence, a timely filed application for a new nonimmigrant status is paramount in maintaining a lawful presence in the US. 

Take Advantage of H-1B Portability 

Under the portability provision specified in 8 U.S.C. § 1184(n), qualified H-1B nonimmigrants can start employment with a new employer as soon as the petition is filed with the USCIS. That means you don’t need to wait for approval to change to a different employer without the fear of being out of status. However, finding a new employer sponsor within the 60-day grace period is vital to avoid potential immigration issues. 

Seek Adjustment of Status 

Some eligible nonimmigrant workers may concurrently file a self-petition for an immigrant visa and an adjustment of status application. That involves switching from a nonimmigrant visa status to a lawful permanent residency. 

With a pending adjustment application, you can qualify to stay in the US in an authorized stay period and acquire an employment authorization (EAD). Remember, you cannot legally secure employment until you receive the issued work permit. 

Consider Expedited Adjudication

In some instances, you may be eligible to request expedited adjudication of your visa petition. That is if you can demonstrate significant financial hardship or other urgent circumstances that require quick processing. 

However, note that all expedited requests are subject to case-by-case review, and typically demand supporting documentation. USCIS carefully evaluates the urgency and validity of every request. 

Be Ready for Departure When Necessary

Although uncommon, you may opt to leave the US immediately after the employment ends. Specifically, it can be a better option than risking overstaying your visa.  However, discuss travel and relocation costs with your employer before pursuing this pathway.  

Suppose you’re an H-1B or worker and decide to return to your home country after involuntary termination of employment. In that case, the employer or petitioner must cover the reasonable costs of your travel. Moreover, ensure to keep documentation relevant to your employment history and immigration status as you prepare to depart the US. 

Explore the Right Legal Pathway With ALG Lawyers

Losing your job while on a nonimmigrant status can be undoubtedly challenging. But it doesn’t always require immediate departure from the US. Yet, since every person’s circumstance is unique, a qualified Los Angeles immigration lawyer is valuable in exploring the right legal pathway without the fear of violating your visa’s terms. Call our team at ALG Lawyers for specialized legal consultation and guidance on your immigration concerns.