Article Summary

USCIS has clarified that non-immigrant workers, including H1B holders, who lose their jobs are not strictly limited to a 60-day grace period to leave the US. By filing applications such as adjustment of status or change of nonimmigrant status (e.g., to B1/B2) within this period, their authorized stay can be extended. While in B1/B2 status, individuals are permitted to search for employment and interview, but not to engage in actual work.

TNP AI: Key Insights

This USCIS clarification is vital for thousands of H1B visa holders facing layoffs, offering a critical pathway to extend their stay beyond the commonly perceived 60-day grace period. It directly addresses the intense anxiety experienced by skilled professionals during periods of job insecurity, providing actionable steps to maintain legal status while seeking new employment.

The ability to change status to B1/B2 (visitor visa) to continue job searching, without engaging in employment, provides a crucial buffer in a competitive job market. However, it also highlights the financial burden on individuals who must prove self-sufficiency and ties to their home country during this interim period, emphasizing the need for robust personal financial planning.