United States Citizenship and Immigration Services (USCIS) moved its immigrant employee post-termination guide to its digital archives as of May, 2025. When a nonimmigrant worker loses their job in the United States, navigating next steps can feel overwhelming. For years, USCIS maintained a clear and accessible webpage titled “Options for Nonimmigrant Workers Following Termination of Employment.” This resource was widely used by individuals and attorneys to understand the options available after a layoff for those in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN status and their dependents. This page explained whether a person could transfer to a new employer, depart the country, or remain in the U.S. temporarily.
If you are wondering what this means and whether the guidance it once provided is still useful, here’s what you should know:
What Does “Archived” Mean?
USCIS maintains digital archives for content on its website no longer considered current. When a page is archived, it means the information is preserved for reference, but it may be outdated or USCIS may no longer apply it in the same way. Relying on this information without checking updated guidelines could lead to problems. Archiving does not necessarily signal that all of the information is incorrect, but that it is no longer actively endorsed as current guidance.
In most cases, archived guidance is replaced by updates to the USCIS Policy Manual or other regulatory materials. If no new policy has been published, as is the case here, there is increased uncertainty about how USCIS will treat these scenarios going forward.
What Did the Archived Page Include?
The page-now residing in the USCIS digital archives-outlined strategies for maintaining lawful status after termination of employment. These included:
- 60-Day Grace Period: Workers in certain visa categories (including E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN) were eligible for a grace period of up to 60 consecutive days of additional stay or until the end of their current I-94 validity period, whichever came first.
- H-1B Portability: H-1B workers could begin working for a new employer as soon as a new petition was filed, as long as the filing occurred during the grace period.
- Change of Status: Individuals were permitted to apply for a different nonimmigrant status. Many were allowed to change to B-2 visitor status as a strategy to remain in the U.S. while seeking new employment or making arrangements to depart.
- Adjustment of Status: Certain workers may be eligible to file a self-petitioned immigrant visa petition, such as an EB-1 (Extraordinary Ability) or an EB-5 (Investor), along with an application to adjust status.
Is the Information in the Archived Guideline Still Reliable?
In part, yes. Some of the options described still remain available. For example, the 60-day grace period is supported by statute and remains valid following termination. During this time, individuals can still seek new employment, change status, or apply for adjustment of status if eligible.
However, without the guidance USCIS previously provided, some options require more caution. USCIS is no longer publicly affirming the specific methods and interpretations that it once shared. As a result, while some strategies, such as H-1B portability, continue to be supported by law, others may face closer scrutiny, including the use of a change of status to B-2 as a temporary measure (‘bridge’) while seeking employment. Additionally, discretionary decisions may vary more between officers.
What Should Nonimmigrant Workers Do Now?
If your employment has recently ended, consider taking the following steps:
- Confirm Key Dates: Determine the exact date your employment ended to accurately calculate when your grace period expires.
- Document Everything: Save your termination notice, I-94, pay stubs, and any other communication related to your employment ending.
- Act Quickly: The grace period is limited. Take action as soon as possible.
- Explore All Options: Consider every potential path available to you. Given the uncertainty facing some strategies, such as the B-2 “bridge,” other options may be more reliable. These could include H-1B portability, a change to dependent status, or even green card eligibility.
- Seek Legal Advice: USCIS’s withdrawal of this guidance makes it more important than ever to consult an experienced immigration attorney who can guide you based on the most recent policy.
The removal of USCIS’s guidance does not eliminate the described options, but it does remove an important layer of clarity. Employers and workers should proceed with caution and ensure they are relying on current, legally sound strategies.
If you or someone you know has recently been affected by a job loss while on a nonimmigrant visa, ILBSG is here to help, contact us. Our attorneys can assess your case and help you pursue a path forward with confidence. In an ever-evolving immigration landscape, it’s particularly critical.