Losing your job while on an E-2 visa can feel overwhelming, especially because your immigration status is tied directly to your employment. The good news is that U.S. regulations give E-2 employees a short window to regroup and take strategic action. Understanding your options early can make the difference between maintaining lawful status and falling out of compliance.
- The 60-day grace period lets you remain in valid E-2 status after job loss, but it is discretionary and ends at I-94 expiration or departure.
- You can pursue a change of status, switch employers, or rely on a spouse’s status, though some categories like B-1/B-2/F-1 do not permit work.
- You may start your own E-2 business or explore self-petition green cards such as EB-1 or EB-2 NIW for a more permanent solution.
Understanding the 60-Day E-2 Visa Grace Period
Under the regulations, workers in the E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications are provided with a discretionary grace period of up to 60 consecutive calendar days following cessation of employment or until the I-94 expiration date, whichever is shorter. During this grace period you and your dependents are still considered to be maintaining valid nonimmigrant status, as long as your I-94 has not expired. The grace period begins the day after your last day of paid employment.
Below we will discuss a few options you can consider during the 60-day grace period.
Option 1: File an Application for a Change of E-2 Visa or Nonimmigrant Status
One option to consider is filing for a change of nonimmigrant status. If your spouse holds valid nonimmigrant status (E-1, E-2, L-1, H-1B, etc.), you may be able to change to a dependent category such as E-2S, L-2S, or H-4 and some dependent categories provide work authorization. Alternatively, if your spouse was previously your dependent, but they have the option to become the principal applicant, you could both apply to change statuses. For example, your spouse could invest in a business and apply for an E-2 Treaty Investor visa. In this case, you could apply to be the spouse of the principal E-2.
Other changes of statuses could include moving from the E-2 to an F-1, B-1, or B-2. However, it is important to note, switching to a B-1, B-2, or F-1 would not provide you with the ability to work.
Option 2: File an Application for a Change of Nonimmigrant Status and Change Employer
You may also use the 60-day grace period to try and find new employment in the same or different status. Depending on your circumstances and qualifications, you could apply to change your status and your employer. For example, you could apply to change your status to a TN, an O-1, L-1, or an H-1B.
Option 3: Start Your Own E-2 Business
If you have an entrepreneurial background, you may be able to launch your own company and apply for a new E-2 investor visa as the investor who will direct and develop the business. For many former E-2 employees, this becomes a longterm solution that offers more control and stability.
Option 4: Explore Permanent Residence
If you are considering a more permanent path, the EB-1 extraordinary ability or EB-2 national interest waiver green cards may be an option. With EB-1 and EB-2 green cards, you do not need a US employer to sponsor you. You can self-petition. This option is ideal for professionals with advanced degrees or significant achievements.
Other Considerations During the 60-Day Grace Period
To keep your status secure, keep the following rules in mind:
- The 60-day grace period is discretionary; it is not guaranteed.
- If you choose to depart the US, your 60-day grace period ends. To reenter the US, you would need to apply for another immigration status.
- If your employment terminates while you are outside the US, then the grace period does not apply.
- If your spouse has an employment authorization document incident to status, their authorization to work remains valid during the 60-day grace period.
- You cannot work during the 60-day grace period unless authorized to do so.
- The 60-day grace period applies whether your employment is terminated, or you leave voluntarily.
Taking Your Next Step
Being terminated while on an E-2 visa is stressful, but it does not have to end your ability to remain in the United States. The key is acting quickly, understanding your options, and choosing the path that aligns with your longterm goals. If you have questions about your options due to the termination of your employment or because you voluntarily left your job, Scott Legal can help you find the best path forward. We encourage you to schedule a consultation with our legal team to discuss which option is best for you.
