What to Do If You Lose Your Job on a Work Visa in the U.S.?

Losing your job is never easy, and it can be particularly stressful if you are in the United States on a work visa. For visa holders, employment isn’t just a job—it’s a lifeline to their legal status in the country. However, understanding your rights and options can help you navigate this challenging time effectively. This article outlines what to do if you lose your job while on a work visa, including key steps to maintain your immigration status and explore alternatives.

Know Your Grace Period and Legal Status

If you lose your job while on a work visa such as an H-1B, L-1, O-1, or TN visa, you are generally considered “out of status” immediately after your employment ends. Employers are required to notify USCIS when terminating an employee, which effectively cancels your visa. However, USCIS provides a 60-day grace period during which visa holders can legally remain in the U.S. without working. The clock starts on your last day of employment, not the last day of your paycheck.

During this grace period, it’s crucial to find new employment, change your visa status, or make plans to leave the country. Be mindful that if your I-94 expiration date is earlier than the end of your 60-day grace period, you must adhere to the I-94 date instead.

Finding New Employment and Understanding Portability

For many work visa holders, the most viable option after losing a job is to find new employment. Most work visas, including H-1B, allow for portability. This means you can transfer your existing visa to a new employer, provided that the new employer files a Labor Condition Application (LCA) and submits Form I-129 to USCIS within the grace period.

Tips for a Successful Transition:

• Start Early: Begin your job search as soon as possible to allow ample time for filing paperwork and securing an LCA approval.
• Coordinate with Your New Employer: Make sure your new employer understands the importance of timely filing to avoid any lapses in your status.
• Portability Advantages: If USCIS accepts the employer’s petition, you may start working with your new employer while the transfer is being processed.

Explore Alternative Visa Options

If finding a new employer within the grace period is not feasible, you may need to consider other visa options to stay in the U.S. legally:

• B-1/B-2 Tourist Visa: You can change your status to a B-2 tourist visa by filing Form I-539. This option allows you to remain in the U.S. temporarily while searching for new employment or making arrangements to leave.
• F-1 Student Visa: Returning to school can be a great opportunity to build new skills. If you are accepted into a U.S. educational institution, you can change your status to an F-1 student visa.
• H-4 Dependent Visa: If your spouse holds an H-1B or another eligible visa, you can apply for an H-4 dependent visa and potentially obtain work authorization.

Consider Family-Based or Other Immigration Pathways

If employment-based options are not viable, family-based immigration might offer another route to stay in the U.S. If you have a close relative who is a U.S. citizen or permanent resident, such as a spouse or adult child, you may be eligible to apply for a family-based green card. Immediate relatives, such as spouses or parents of U.S. citizens, are generally not subject to strict timelines for adjusting status, even if they have fallen out of status.

Planning Your Departure

If finding new employment or transitioning to another visa isn’t possible, planning a timely departure is essential. For H-1B visa holders, employers are required to cover the costs of return transportation to your home country. Leaving voluntarily within the grace period ensures that you won’t face issues with overstaying or being barred from re-entering the U.S. in the future.

Navigating a Pending Green Card Application

If you had a pending employment-based green card application before losing your job, it’s crucial to understand how the situation affects your case. USCIS portability rules allow green card applicants to change jobs if their I-485 adjustment of status application has been pending for over 180 days. The new job must be in the same or a similar role to the one listed in your original petition.

If it’s been less than 180 days, your new employer may need to submit a new PERM application and I-140 petition. Consulting an immigration attorney is highly recommended to understand how to navigate this transition without jeopardizing your green card application.

Seek Professional Legal Advice

Losing your job while on a work visa can present complex legal challenges. Consulting with an immigration attorney can help you understand your options and avoid pitfalls that may jeopardize your status. Legal professionals can guide you through the steps of transferring your visa, applying for alternative visas, and managing any pending green card applications.

If you find yourself in this position, act quickly and make decisions with a clear understanding of your rights and obligations. The right strategy can make all the difference in staying on track with your immigration goals.

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