immigration Practice Area

New Rule Provides Grace Periods for Nonimmigrant Workers

New Rule Provides Grace Periods for Nonimmigrant Workers

The Immigration team at Barclay Damon, LLP intends to provide a series of blog posts regarding new federal regulations regarding highly-skilled nonimmigrant workers.  The regulations became effective January 17th and, while many of the final rules mirror the policies and procedures that U.S. Citizenship and Immigration Services has been operating under for several years, some of the provisions are new to U.S. immigration law.

One of the entirely new provisions involves a 10-day grace period available to E, L-1, H-1B and TN visa holders, along with their dependents.  This grace period applies when the employee’s authorized period of stay has ended to allow for a short period of time to wind up affairs in the U.S. and prepare for departure.  See 8 CFR 214.1(l)(1).

Additionally, a 60-day grace period will be available to those whose employment has been terminated early but are still within the validity period of their approved E, H-1B, H-1B1, L-1, O-1 and TN status. 8 CFR 214.1(l)(2).  This grace period will effectively allow those workers whose employment situation has changed the time to seek new employment and to change, maintain and/or extend their nonimmigrant status in the U.S.  Note that employment will not be otherwise authorized during the grace periods except in situations where the H-1B portability rules apply.

The Immigration team at Barclay Damon, LLP is well versed in employment-based immigration and is ready to answer any questions our readers may have regarding the impact of these new regulations.  Be on the lookout for additional blog posts that discuss more of these recently passed regulatory provisions.

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