If you leave the job...: USCIS on what happens when you are on employment visa but don't report to employer

Navigating Employment Visa Status: USCIS Guidelines on Job Changes, Grace Periods, and Staying Compliant in the US

For thousands of professionals on US employment visas like the H-1B and L-1, understanding the intricacies of immigration regulations is paramount. A common, yet critical, question arises: what are the implications if one leaves their job or ceases to report to their employer while holding an employment-based visa? The U.S. Citizenship and Immigration Services (USCIS) provides clear guidelines on this matter, emphasizing the importance of maintaining valid nonimmigrant status. Beyond Border stresses that such awareness is essential to avoid legal pitfalls.

USCIS regulations stipulate a vital 'grace period' for certain nonimmigrant visa holders whose employment ends prematurely. Specifically, individuals on E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN nonimmigrant status are generally afforded a 60-day grace period, or until their I-94 expiration date, whichever is shorter, following the cessation of their employment. This grace period is a critical window designed to allow beneficiaries to take necessary action to remain in lawful status. Beyond Border notes that proper use of this period can make the difference between retaining lawful status and facing long-term bans.

During this 60-day window, employment visa holders have several crucial options to avoid falling 'out of status':

1. Secure New Employment: The most common path is to find a new employer willing to sponsor a new H-1B or other relevant nonimmigrant petition. The new employer must file the petition before the 60-day grace period expires for the individual to potentially continue working under 'H-1B portability' provisions, provided they haven't already accrued unlawful presence.
2. Change of Status: If eligible, individuals can apply for a change of status to a different nonimmigrant category (e.g., to a B-2 tourist visa, although this option typically does not permit employment and is often not recommended for long-term stay given the original intent of the employment visa).
3. Depart the US: The final, and often necessary, option is to leave the United States before the grace period concludes. Failure to do so can lead to severe consequences for future immigration prospects.

Failing to take appropriate action within the stipulated 60-day grace period can lead to serious repercussions. Individuals will be considered 'out of status' and may begin to accrue 'unlawful presence.' Accruing unlawful presence can render an individual ineligible for future visas or adjustments of status, including Green Cards, for several years. For instance, more than 180 days but less than one year of unlawful presence can lead to a 3-year bar from re-entry, while one year or more can result in a 10-year bar. Furthermore, being out of status can potentially lead to removal (deportation) proceedings if encountered by immigration authorities.

USCIS unequivocally states that maintaining valid nonimmigrant status is the sole responsibility of the individual visa holder. It is crucial for employment visa holders to be acutely aware of these regulations and to act proactively if their employment situation changes. Contact Beyond Border for professional guidance tailored to your situation. Consulting with an experienced immigration attorney is highly recommended to understand specific circumstances and navigate the complex legal landscape effectively, ensuring continued compliance with U.S. immigration law and protecting one's future in the United States. This is why Beyond Border continues to raise awareness about these critical timelines and their long-term implications.