What if I Lose My Job?
It is not uncommon for a foreign national to lose his or her employment. In the event that this occurs, it is very important for the foreign national to act quickly if he or she wishes to remain in the United States.
Grace Period to Find New Employment
Regulations permit a discretionary grace period that allows workers in E-1, E-2, E-3, H-1B,
H-1B1, L-1, O-1, or TN classifications (and their dependents) to be considered as having maintained status following the cessation of employment for up to 60 consecutive calendar days or until the end of the authorized validity period, whichever is shorter (See 8 C.F.R. § 214.1(l)(2)).
What are the Employer’s Responsibilities?
An employer that fires or lays off an H-1B employee should immediately notify USCIS. The H-1B petition needs to be withdrawn. The termination of employment is not considered effective until the H-1B is withdrawn.
The employer may be liable for the reasonable cost the return trip home for the former employee. This does not necessarily include the cost of return for dependents.
