Termination of employment is almost always a complex process. This article seeks to discuss some common options for nonimmigrant workers following the termination of employment.
To those employment-based visa holders (E-3, H-1B, H-1B1, or L-1) whose employment was terminated, there are options available to you. Considering the recent mass layoffs affecting many employment-based visa workers, one option is eligibility for principal beneficiaries with an approved I-140, who have a non-available visa and compelling circumstances to receive employment authorization (EAD) for up to 1 year, with possible extensions as a temporary stop-gap. The principal’s dependents are eligible for this benefit as well. Approval of employment authorization does not grant a valid non-immigrant status but generally will be considered a period of authorized stay, and unlawful presence will not accrue.
This is a time-sensitive filing. The employment application must be filed within the 60-day grace period after termination of employment. For more information, go to https://www.uscis.gov/newsroom/alerts/options-for-nonimmigrant-workers-following-termination-of-employment.
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