I am in the U.S. on a non-immigrant visa and my employment was terminated due to the Corona virus outbreak. Do I have to leave the U.S. immediately? How Many Days Do I have?

I am in the U.S. on a non-immigrant visa and my employment was terminated due to the Corona virus outbreak. Do I have to leave the U.S. immediately? How many days can I stay after my employment was terminated?

Covid-19 has changed the rules for travel, engagement and employment.  Many companies have started to reduce wages and put staff on leave, and some companies have terminated employees.

In the past, people with non-immigrant visas that lost their jobs had to leave the U.S. immediately. This caused a significant amount of chaos for workers and also subjected them to periods of unauthorized stays. In 2017, the government added a 60-day Grace Period for certain nonimmigrant workers.

If you are in the U.S. on a non-immigrant visa and your employment was terminated due to the Corona virus outbreak, you may have a 60-day grace period during which you can stay in the U.S. and organize your affairs prior to leaving.

Which non-immigrant visa categories provide the 60-day grace period?

If you are in the U.S. on a TN visa, E-1 visa (as an E-1 employee), E-2 visa (as an E-2 employee), E-3 visa, H-1B visa, L-1 visa, or O-1 visa, you will have a 60-day Grace Period after your employment is terminated.

What can I do during the 60-day grace period?

• You may lawfully remain in the U.S.
• You are allowed to find a new job and file for an extension or change of status
• You are not permitted to work for any employer during the grace period

My I-94 expires before the 60-day grace period. When do I have to leave?

Please note that the grace period lasts for up to 60 consecutive days, or until your I-94 expires. If your employment was terminated on April 6, 2020 and your I-94 expires on May 1, 2020, you will have to leave the U.S. by May 1, 2020 and you would not get the full 60-day grace period.

Please see our blog post on how Covid-19 impacts your visa when you click here.

Please click here to find out whether you can apply for unemployment benefits.

Please click here to see whether Covid-19 impacts the obligations of H-1B and E-3 employers.

You can find key immigration information related to the Corona Virus below.

• Top 10 Covid-19 Immigration Questions
• Implications of Layoffs for employers who have employees on H-1B and/or E-3 Visas
• USCIS announces flexibility for request for evidence (RFE) and Notice of Intent to Deny (NOID)
• Information on Consular closures during Covid-19
• USCIS issues guidance on Remote 1-9 verification during Covid-19
• USCIS office closures due to Covid-19
• Can I apply for Unemployment Insurance Benefits while on a Visa?
• Canada/U.S. Border Closures
• USCIS announces temporary suspension of premium processing
• What can you do if your ESTA is running out? 
• Travel Ban for Europe
• Stimulus Bill (All 800 pages)
• Information on Small Business Loans related to the Stimulus package
• USCIS to accept scanned/reproduced signatures instead of “wet” signatures on immigration petitions and forms
• Implications of furlough or termination if you are on a TN visa
• Does the Stimulus Bill impact my immigration status? Is there a public charge concern?
• Understanding the Stimulus Package for Small Businesses and the Paycheck Protection Program
• Small Business Administration COVID-19 Loans
• USCIS to Reuse Previously Submitted Biometrics to Process Work Permit Applications
• USCIS Temporary Office Closure Extended Until at least May 3
• SBA Loans and Public Charge Rules – Paychecks Loan Program and Economic Injury Disaster Relief Loan Program
• I am in the U.S. on H-1B visa and my employment was terminated due to the Corona virus outbreak. 
• I am in the U.S. on an E-2 visa, can I apply for loans under the Stimulus Bill?
• Does Covid-19 impact my obligations as an H-1B or E-3 Employer?
• I am in the U.S. on E-2 employee visa. Can I apply for unemployment benefits due to the Coronavirus?