Monday, December 19, 2022 - U.S. Citizenship and Immigration Services (USCIS) is providing information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily. The below information is now available on USCIS's new Options for Nonimmigrant Workers Following Termination of Employment page.
Workers may have several options for remaining in the United States in a period of authorized stay based on existing rules and regulations. Below is a compilation of options that may be available to nonimmigrant workers seeking to remain in the United States in a period of authorized stay following termination. Please note that not all options below provide employment authorization.
- 60-Day Grace Period
- Transfer to a New Employer
- Change to another Nonimmigrant Status
- Change of Status and Employer
- Departure from the United States
One of the best options for workers to remain in the United States would be to transition to an Immigrant Visa which can be obtained through Adjustment of Status:
Adjustment of Status
Some workers may be eligible to file a self-petitioned immigrant visa petition concurrently with an adjustment of status application. Examples of immigrant classifications that are eligible for self-petitioning include EB-1 Extraordinary Ability, EB-2 National Interest Waiver, or EB-5 Immigrant Investors. Workers with a pending adjustment application are generally eligible to remain in the United States and obtain an Employment Authorization Document (EAD).
CONTACT US to learn more about the benefits of EB-5 Visa.