If you are fired while you are in the United States on a work visa, you will not immediately be made to leave, though it does have an impact on your immigration status. Many work visa holders, like H-1B employees, will receive a 60-day grace period to find a new employer, adjust their status, or leave the country. Taking immediate action is critical to maintain a lawful status following job termination while on a work visa and to avoid serious immigration consequences in the U.S.
What Happens to Your Immigration Status After Job Termination in Virginia?
Being fired from your job in Fairfax County or any surrounding Virginia community can be incredibly overwhelming. However, when you’re only in the United States because of a work visa, this can make matters even more severe. As such, if you have been terminated from your job, you may have a considerable number of questions about what will happen to your status in the country
Generally, being terminated, whether you are fired or laid off, means you are in violation of the terms and conditions of your visa. However, as job loss can occur for several reasons, many of which are out of your control, there is typically a grace period in which you can seek new employment.
It is critical to understand that these laws apply federally, meaning they must be followed across the country, including Virginia.
What Losing Your Job Means for Your Status
- Termination generally renders you out of compliance with the terms and conditions of your status
- Most employment-based visas are dependent on the employer
- Your lawful status requires you to remain employed with a qualified employer
- Being fired, laid off, or downsized does not automatically cancel your visa, but it impacts your ability to remain in lawful status
How Does the 60-Day Grace Period Work?
Generally, you will have 60 days to seek new employment. This provides a limited opportunity for you to remain in the United States while determining your next steps.
What You Can Do During the Grace Period
- You have up to 60 days to find new employment
- If you find new employment, you may be eligible to transfer your visa to the new employer
- You may be eligible to apply for a change of status
- You may prepare to depart the United States to avoid accruing unlawful presence
What Happens if You Miss the Deadline
- You will fall out of lawful immigration status
- You may begin accruing unlawful presence
- You may be required to leave the United States
- Future visa applications may be negatively impacted
Can I Stay in the U.S. if I Find a New Employer?
In the event that you find a new employer willing to sponsor your employment visa, it’s critical to understand how to proceed to ensure you remain in legal status. Depending on your circumstances, you may be able to “port” your eligibility to your new employer.
How Visa Transfers (Portability) Work
- The new employer must file a new petition with USCIS on your behalf
- The petition must be filed prior to the end of the 60-day grace period
- You can begin working once USCIS acknowledges the petition, in some cases, even before it is formally approved
- The new role must be in a similar occupational field
- This process is most commonly used for H-1B visa holders
Can You Change Your Immigration Status Instead of Leaving?
You should also understand that, in some circumstances, you may be able to seek a change of status. This means you can petition the United States Citizenship and Immigration Services to change your status from a work visa to a visitor visa, for example, to seek additional non-immigrant status in the country so you may remain here legally for additional time.
Common Change of Status Options
- Change to a visitor visa
- Change to a student visa, like an F-1, if accepted into an eligible program
- Seek dependent status, if eligible through a U.S. citizen or permanent resident spouse
- Check eligibility for other employment-based visa categories if eligible
Contact an Experienced Fairfax County Immigration Attorney
As you can see, navigating employment-based immigration matters can be incredibly difficult. That is why it’s in your best interest to connect with an experienced attorney with Goel & Anderson as soon as possible. Our dedicated legal team understands how difficult these matters can be, which is why we will do everything in our power to help you through these complicated matters in the fight for the best possible outcome. Contact us today to learn more about your options.
