How to Legally Extend Your "Grace Period"

The combination of restrictive immigration regulations and the recent economic downturn compelled numerous skilled workers to depart from the U.S. USCIS’s new interpretation of B1/B2 visa offered a fresh perspective on a legal way of extending foreign workers’ stay in the U.S.

The Dilemma of the “Grace Period”

Under the current immigration regulation, H1B and OPT holders only have 60 days of “grace period” between job transitions.

The specific length of the grace period is determined by immigration regulations and policies set by the U.S. government.

The rationale behind the relatively short duration is to encourage timely action and prevent individuals from remaining in the United States without valid employment or immigration status for an extended period. It serves as an incentive for foreign workers to actively pursue new job opportunities or make appropriate arrangements for departure from the country.

Additionally, the short grace period helps ensure that the H-1B program remains focused on its intended purpose, which is to bring skilled foreign workers to the United States to fill specific employment needs. By imposing time limitations, it aims to maintain the integrity and efficiency of the program, while also balancing the interests of both the individuals and the overall immigration system.

Although sounds reasonable on paper, when facing waves of layoffs, 60 days is too short in practice. Moreover, most international students, though have degrees from high-ranked universities, lack of local network, especially new graduates with minimal internship experiences. Plus, the restriction from their work authorization, when layoff happens, foreign workers face more challenges looking for a job compared to their local counterparts is an undoubted fact.

Competition over Skilled Workers

Earlier this year, Canada extended an olive branch to skilled workers in the U.S. by providing a way more obtainable immigration path. The U.S. has realized the competition and the fact that due to its rigid immigration regulation; it lost many skilled workers who are highly educated and can make great contributions to American society during the past two years.

Although immigration regulations cannot be changed overnight, there are signs that the U.S. government started realizing this problem and trying to fix it on a micro level.

Changes Favor International Students

For example, USCIS showed great effort in cracking down on H1B abuse this year. Earlier this month, Federal Register announced to add of eight new fields of study for international students seeking to gain practical work experiences in America, which means more programs can fall into the STEM category that grants international students 3 years of work authorization after graduation.

Another subtle effort for preserving skilled workers is the USCIS clarified the interpretation of B1/B2 visa restrictions. In their recent twit, it writes:

“Many people have asked if they can look for a new job while in B1/B2 status. The answer is, yes. Searching for employment and interviewing for a position are permissible B1/B2 activities.”

 What is the implication of this?

If you don’t want to travel outside the U.S.:

• In the situation of unemployment or being laid off, you can legally extend your stay for 180 days by changing your status from H1B/OPT to B1/B2.
• While on B1/B2, you can continue your search for new job opportunities and even conduct interviews.
• Once secured a new job, you need to conduct another COS (change of status), from B1/B2 back to H1B, or enroll in Day 1 CPT universities, then use Day 1 CPT as a form of work authorization to work for your new employer.

If you want to take a break after getting laid off:

• Have a nice vacation outside the U.S., then use B1/B2 to reenter. During your 180 days of stay as a visitor, you can conduct job searching and job interviews.
• Once you secured a job offer, COS (Change of Status) is in the order.
• You can change your status from B1/B2 back to H1B (if you had one before. Your new employer will have to reactive your H1B if you haven’t passed the 6-year mark), or enroll in Day 1 CPT universities, then use Day 1 CPT as a form of work authorization to work for your new employer.

Keep in mind:

• B1/B2 allows you to “seek jobs in the U.S.” but not “work in the U.S.”. Working on a B1/B2 even without getting paid is forbidden.
• We have run into students who told us their boss said to them, “Just work on B1/B2 and I’ll pay you cash, so no one will find out”. We strongly recommend against this. There are many lawful ways of staying and working in the U.S. Do not let temporary conveniences ruin your record and your future.
• B1/B2 visa is usually given to foreign visitors for 180 days to stay in the U.S., varies from country to country. Check the exact days that are granted to you to avoid “overstaying”.
• If you choose to use Day 1 CPT as a work authorization after COS, note that COS to F1 provides a premium processing option now. If chosen, the process can be shortened to 1 month.

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