During this five-minute video, Chugh, LLP Attorney Joy Dungca and Immigration Consultant Jagan Tamirisa discuss what an H-1B visa grace period is, how to obtain one, and what options an H-1B holder has to remain in the US after losing their job.
The H-1B visa program offers a 60-day grace period for individuals that are laid-off, terminated, or resign from their position. During this period, H-1B visa holders can remain in the United States while they find a new job or apply for a change of status.
The grace period:
United States Citizenship and Immigration Services (USCIS) could deny an H-1B grace period for beneficiaries who do not have convincing evidence of hardship. For this reason, H-1B beneficiaries should avoid resigning from their jobs unless they have legitimate justification.
Foreign nationals can remain in the US beyond their 60-day grace period if they:
For help exploring immigration options for yourself or an employee, contact your trusted Chugh, LLP immigration professional.