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USCIS Proposed Rule: Non-Immigrant Workers get 60 days grace period!

There is a common misunderstanding of grace periods.  I have many clients, especially on H1b visas, say they believe they have 30 days.  When I tell them that they have 10 days before and after validity of visa period and NO grace period when fired or laid off, jaws drop.

The truth is that different visa categories are subject to different rules. H1bs get 10 days. F1 visa holders get 60 days.

The new rules will do two things:

  1. Allow E1, E2, E3, L1 and TN visa holders 10 days of grace BEFORE the validity of the visa period.
  2. Allow H1b holders as well as E1, E2, E3, L1 and TN visa holders 60 days of grace period AFTER completing the valid visa period. No work will be allowed during that time.

While it may seem like a small change, the impact will be huge! Imagine wrapping up all your affairs in a country in which you have spent several years. 10 days is definitely not enough.