On January 17, 2017, the Department of Homeland Security modified its existing regulations to enhance job portability for holders of certain work visas. It created a formal 60-day grace period that may allow some highly skilled workers—whose employment has ended—the opportunity to retain their status, get new job offers, and either extend their stay in the same classification or change visa classifications under a new employer.

According to the H-1B lawyers at Berd & Klauss, PLLC in New York City, these amendments affect workers with E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN status. If these individuals are terminated or laid off before the end of their eligibility period, they may be able to find a new employer, after which a new petition must be filed with the United States Customs and Immigration Services. Before the new petition is approved, DHS will determine whether the facts and available evidence support authorizing a grace period for the individual, or whether the petition will be denied.

A few pieces of evidence the DHS may find compelling is the reason for termination and the individual's justification for not immediately leaving the country. For example, workers who were involuntarily terminated or laid off have a better chance than those who voluntarily left their positions. DHS will also likely approve the grace period and petition if you have a home that must be sold, children in school, or other ties to the community that make immediately departing the country impractical.

The H-1B lawyers at Berd & Klauss, PLLC have an in-depth understanding of the H-1B immigration system, which they have used for the benefit of clients from around the world. They stay up-to-date on the most recent changes to immigration law, allowing them to provide the most effective legal services possible. Visit their website to see their list of comprehensive services, follow their Facebook for more updates, or call (212) 461-7152 for a consultation today.