How many times can you use the 60 days grace period?

The 60-Day Grace Period: One Shot, One Opportunity

Many nonimmigrant visa holders in the US are familiar with the concept of a grace period. This valuable time allows individuals whose employment has ended to remain legally in the country while they explore new options. But a common misconception surrounds the 60-day grace period offered to certain employment-based visa holders: how many times can it be utilized?

The answer is unequivocally once per authorized period. This means that for each petition approved by United States Citizenship and Immigration Services (USCIS) granting you employment authorization, you are eligible for a single 60-day grace period. It’s not a renewable resource that resets with each new job under the same petition.

Let’s illustrate with an example: Imagine you are on an H-1B visa. Your employer initially sponsors you, and this petition is approved for three years. During those three years, if your employment is terminated, you are entitled to a 60-day grace period. If you find new employment and your new employer files a new H-1B petition for you, which is then approved, you start a new three-year period (or whatever duration is approved). Should your employment end again within this new timeframe, you are again eligible for the 60-day grace period. However, if you remained with the original petition and found new employment under that same petition, and then that employment ended again before the initial three years concluded, you would not be eligible for a second grace period within that initial three-year period.

It’s crucial to understand this distinction. The 60-day grace period is tied to the specific petition approval period, not to the number of jobs held within that period. It acts as a safety net, offering a limited window to navigate unforeseen circumstances, but it is not a recurring benefit.

Therefore, using the 60-day grace period requires careful planning. It’s vital to begin the process of finding new employment or adjusting your status as soon as possible. Don’t rely on the assumption of multiple grace periods within a single petition validity period. Failing to secure new employment or a change in status within those 60 days can lead to a loss of legal status, potentially impacting future immigration opportunities.

Consult with an immigration attorney to understand the intricacies of the grace period and its implications for your specific situation. Proper planning and timely action are essential to ensure a smooth transition and maintain your legal standing in the United States.