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

It’s good to know that some foreign nationals have a 10- or 60-day grace period to prepare to begin employment, plan to depart the United States, or take action to extend, change, or otherwise maintain lawful status.

These grace periods are discretionary and do not provide for work authorization, but they can be very helpful to provide lawful status during a transition period, such as a change of employer.

Who is eligible for a 60-day grace period?

The 60-day grace period following termination of employment (by either employee or employer) can be particularly helpful for:

    • E-1,

 

    • E-2,

 

    • E-3,

 

    • H-1B,

 

    • H-1B1,

 

    • L-1,

 

    • O-1,

 

  • or TN visa holders.

During the 60-day period, the worker is essentially given time to depart, file for transfer of their work visa (e.g., H-1B transfer to another employer), or seek a change of status to a different visa type.

This grace period applies only when the termination of employment happened during the worker’s authorized petition validity. Thus, the grace period is shortened or does not apply in cases where the authorized stay, which is generally shown on the I-94 card, is expiring or has expired.

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 — but NOT for those in H-1B1 status.