The USCIS has archived the immigrant employee post-termination guide, which remains a resource for recently fired non-immigrant workers.
The United States Citizenship and Immigration Services (USCIS) has moved its Post-Termination Guide for Immigrant Employees to its digital archives. While the guide may no longer reflect current policies in full, it remains accessible for reference—especially useful for recently laid-off nonimmigrant workers seeking guidance on next steps.
Immediate Actions After Job Loss
When a nonimmigrant worker loses their job—whether voluntarily or involuntarily—they typically must take action within the 60-day grace period. Common options include:
- Becoming the beneficiary of a nonfrivolous petition to change employers,
- Filing an application to change their nonimmigrant status,
- Applying for adjustment of status, or
- Requesting a “compelling circumstances” employment authorization document.
This 60-day grace period usually begins on the final day the worker receives wages or salary. If no action is taken within this window, the individual may be required to leave the U.S. either at the end of the grace period or by the expiration of their current visa, whichever comes first.
Employment During the Grace Period
The grace period is intended to help workers find a new job or allow their spouses to continue working, provided they hold a valid Employment Authorization Document (EAD) or have employment authorization as part of their visa classification.
H-1B visa holders who find new employment can begin working as soon as the new employer files Form I-129. However, those switching to a different visa category must wait until USCIS approves the new petition, which typically takes fewer than 15 business days if premium processing is used.
Travel Restrictions During the Grace Period
Nonimmigrants in the grace period should avoid international travel. Leaving the U.S. during this time may result in losing the grace period benefits. If a worker exits the country after the grace period ends, it is no longer valid. Reentry may require applying for a new immigration status. In rare cases, a discretionary grace period may be granted if the person returns before their original status expires.
OPT and Unemployment Limits for Students
International students on Optional Practical Training (OPT) also face strict rules:
- F-1 visa holders on standard post-completion OPT cannot accrue more than 90 days of unemployment.
- Those on the 24-month STEM OPT extension are allowed up to 150 days of total unemployment across both OPT phases.
As with other classifications, the 60-day grace period does not apply unless the student holds a visa such as E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN—or is a dependent of someone who does.
