What If I Lose My Job While on an Employment-Based Visa? | Lyndhurst, NJ Employment Immigration Attorney

Say, for instance, that you hold a United States employment-based visa, such as an H-1B visa, an L-1 visa, an investor visa, a temporary work visa, or a PERM visa. Now say that you, unfortunately, lose your employment opportunity. The odds are that you are worried that your visa status is now at stake. Read on to discover what happens if you lose your job while on an employment-based visa and how a seasoned Lyndhurst employment immigration attorney at The Law Offices of Salvatore A. Falletta, LLC, can help you stay in the United States.

Can I stay in the U.S. on an employment-based visa if I lose my job?

Whether you lost your job voluntarily or involuntarily, the United States Citizenship and Immigration Services (USCIS) will grant you a grace period, so that you may remain in the United States and maintain your visa status while you work on your next move. More specifically, this grace period may be up to 60 consecutive days. Or, it may be until the end of the authorized validity period, if this date is sooner than 60 consecutive days.

With this, the USCIS will grant you a grace period if you fall under any of the following visa classifications:

• Workers with an E-1 classification, and their qualified dependents.
• Workers with an E-2 classification, and their qualified dependents.
• Workers with an E-3 classification, and their qualified dependents.
• Workers with an H-1B classification, and their qualified dependents.
• Workers with an H-1B1 classification, and their qualified dependents.
• Workers with an L-1 classification, and their qualified dependents.
• Workers with an O-1 classification, and their qualified dependents.
• Workers with a TN classification, and their qualified dependents.

How can an attorney help me stay in the U.S.?

Once you confirm that you are eligible for the USCIS’ grace period, you must act fast. That is, you must work toward seeking new employment. And if you can do so, you must have your new employer file a petition, or an extension of stay request, on your behalf. Or, if you believe that your chances of retaining new employment are slim, then you may want to work toward applying for a change in nonimmigrant status or otherwise an adjustment of status.

If you do not execute either of the above before the 60 days or before your authorized validity period expires, then you may be deported from the United States. And while you may work toward readmission and a new visa status while you are abroad, it may be more difficult to do so.

This is why we recommend that you seek out a competent Lyndhurst employment immigration attorney as soon as you are terminated from your employment. We will do everything in our power to keep you in the United States, so call us today.