Options for Nonimmigrant Workers Following Termination of Employment

When nonimmigrant workers lose their jobs, they may not be aware of their options and may mistakenly believe that they have no choice but to leave the country within 60 days. However, if eligible, there are several actions that nonimmigrant workers can take to remain in the United States legally:

• Apply for a change of nonimmigrant status
• Apply for an adjustment of status
• Apply for an employment authorization document due to compelling circumstances
• Become the beneficiary of a nonfrivolous petition to change employer

If any of these actions are taken within the 60-day grace period, the nonimmigrant’s authorized stay in the United States can exceed 60 days, even if their previous nonimmigrant status is lost. If no action is taken within the grace period, the worker and their dependents may need to leave the United States within 60 days or when their authorized validity period ends, whichever is shorter.

Nonimmigrant status is usually based on an approved Form I-129, Petition for a Nonimmigrant Worker, or a subsequently approved Form I-539, Application to Extend/Change Nonimmigrant Status after admission. A period of authorized stay typically includes the time when a nonfrivolous petition or application requesting an extension of stay or change of status is pending with USCIS.

Source : https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/options-for-nonimmigrant-workers-following-termination-of-employment

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