Are You Eligible for a 10- or 60-Day Grace Period?

The new High-Skilled Workers rule granted new grace periods that those in non-immigrant status may not be aware of yet.

You can use your grace period to prepare to begin employment in the country, plan to depart the United States, or take action to extend, change, or otherwise maintain lawful status. However, it is important to note that you are not authorized to work during that grace period.

Who is eligible for a 60-day grace period?

In the event that your employment is terminated, the new rule gives DHS the discretionary ability to grant you a grace period of up to sixty days or until the existing validity period ends, whichever is shorter, if you are in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN status.

To qualify, you must have a valid petition and I-94 card. This grace period is only available once per authorized validity period of an approved petition.

Who is eligible for a 10-day grace period?

If you are approved for E-1, E-2, E-2, L-1, and TN status, you are now eligible for a ten-day grace period before and after the petition validity period.

These grace periods were already granted for those in H-1B, O, and P status. The new rule did not extend this benefit to those in H-1B1 status.