U.S. Citizenship and Immigration Services (USCIS) is providing information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily. These workers may have several options for remaining in the United States in a period of authorized stay based on existing rules and regulations. Click here and here for more information.

• J-1: If you leave Temple more than 15 days before the end date on your DS-2019, ISSS is required to shorten your J-1 program in SEVIS. Your J-1 program will end as of your early completion date. We will confirm this date with you and your Department before processing the SEVIS event.
• Employment Visa Holders (H-1B, TN, E-3, O-1): Temple may be required to notify USCIS and/or the U.S. Department of Labor if you leave Temple before the end date of your immigration status. Please notify ISSS in writing if you complete, withdraw, or resign from your appointment prior to the expiration of your current status, and provide the specific date of early termination.

• J-1 Scholars, their department and ISSS will need to work closely with the new institution during the J-1 Transfer Process. Contact Joan McGinley for more information.
• Employment Visa Holders (H-1B, TN, E-3, O-1): Please contact ISSS for more information. Either a Form I-129 will need to be filed with USCIS or you will need to depart the US and reenter with the documentation to support the transfer process. Contact [click-for-email] for more information.

Note that individuals in their "Grace Period" may not engage in any employment.

• F-1 OPT: Individuals in F-1 status (and their dependent family members) have an automatic 60-day grace period after the end date of their F-1 OPT during which they may remain in the US.
• J-1: Individuals in J-1 status (and their dependent family members) have an automatic 30-day grace period after the end date of their J program during which they may remain in the US.

Discretionary Grace Periods for Employment Visa Holders (H-1B, TN, E-3, O-1):

Unlike the F and J immigration categories, there is no automatic "grace period" for aliens holding an Employment Immigration status (E-1, E-2, E-3, H-1B, L-1, or TN) after their period of authorized stay ends or after their employment terminates. However, DHS may in its discretion grant grace periods to certain employment-based nonimmigrants, including:

• A 10-day period before and after the validity period of the petition, in the E-1, E-2, E-3, H-1B, L-1, or TN categories
• Up to 60 days once during each authorized validity period in the E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN categories, during which DHS will not consider the worker and his or her dependents will "to have failed to maintain nonimmigrant status solely on the basis of a cessation of the employment on which the alien's classification was based"

The application of these rules can be complicated.

• The grace periods are not automatic
• They are granted on a discretionary, case by case basis by DHS
• The beneficiary may not work during either a 10-day or a 60-day grace period
• Since they deal with maintenance of individual immigration status, nonimmigrant workers should consult an experienced immigration lawyer if they have detailed questions about their own particular case.

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