What is grace period for work visa after layoff?
Many people have asked about grace period of work visa after unfortunately layoffs. Here are the answers made by USCIS.
1. Laid Off H-1B Employees With Advance NoticeUSCIS Response: The beneficiary may stay if a new I-129 is filed prior to actual termination of employment.
2. Laid Off H-1B Employees Without Advance NoticeUSCIS Response: An H-1B nonimmigrant is admitted to be employed by the sponsoring H-1B petitioner. If the employment ends, this condition is no longer satisfied and the individual is no longer in a lawful nonimmigrant status and may be subject to removal proceedings.
There is no automatic 10-day or other grace period for terminated employees holding H-1B status, so once the individual is no longer in a lawful nonimmigrant status, he/she usually must depart from the United States.
3. Laid Off Employees in Other Classifications,Laid Off Employees in Other Classifications, such as E (treaty investor), L (intra-company transferee), O (extraordinary ability), or P (entertainer, athlete), and you are laid off?
USCIS Response: Similar to H-1B nonimmigrants, E, L, O and P nonimmigrants are no longer considered to be maintaining valid status as of the day their petitioned for employment has been terminated. The law and regulations do not provide a grace period for E, L, O, and P nonimmigrants whose employment has been terminated, so once the individual is no longer in a lawful nonimmigrant status, he/she usually must depart from the United States.
Employer Requirements - What are the requirements for an employer who has laid-off an employee in H-USCIS Response: U.S. employers are required to notify USCIS if there has been a material change in the terms and conditions of the H-1B nonimmigrant's employment, including if the alien has been laid-off or otherwise terminated. Once USCIS decides to revoke the petition, it will communicate that decision to the petitioner.