What is the 60 day grace period for L1 visa?

23 views

Following job termination under an L1 visa, a single 60-day grace period is available per approved employer petition duration. During this period, the USCIS may consider you to have maintained lawful status, allowing time to seek new employment or arrange departure without immediately violating visa terms.

Comments 0 like

Navigating the L1 Visa’s 60-Day Grace Period: A Guide for Job Loss

The L1 visa, designed for intracompany transferees, offers a unique advantage in the event of job termination: a 60-day grace period. This crucial window of time allows individuals to adjust their immigration status without immediately facing the consequences of visa violation. However, understanding the nuances of this grace period is crucial for navigating this potentially stressful situation.

This grace period is not automatic. It’s not a guaranteed extension of your visa’s validity, but rather a period during which you are considered to maintain lawful status provided you actively pursue one of two acceptable courses of action. This means simply waiting out the 60 days won’t suffice. Instead, you must demonstrably show efforts toward either securing new L1 employment or making preparations for departure from the United States.

Crucially, the 60-day grace period is granted per approved employer petition, not per individual L1 visa. If you’ve had multiple L1 visas under different employer petitions, you are eligible for a separate 60-day grace period after the termination of employment with each employer. This is a key distinction often misunderstood, potentially leading to difficulties if not correctly interpreted.

During the 60-day grace period, the following activities are generally considered acceptable:

  • Actively seeking new L1 employment: This requires demonstrable efforts, such as job applications, interview attendance, and engagement with potential employers. Simply browsing job boards is insufficient. Documentation of your job search is advisable.
  • Preparing for departure from the United States: This involves actions like booking flights, selling property, transferring funds, and making arrangements for the relocation of belongings. Again, documentation is important.

What happens if you fail to utilize the grace period effectively? Failing to actively pursue new L1 employment or prepare for departure within the 60-day window can lead to a violation of your visa status, potentially resulting in negative consequences, including future visa applications being denied.

What about other visa options? It’s important to understand that this 60-day grace period is specifically tied to maintaining L1 status. It does not automatically transition you into another visa category. If you wish to remain in the United States under a different visa, you must pursue a separate application through the appropriate channels within the 60-day period or risk jeopardizing your future options.

In conclusion, the 60-day grace period following L1 job termination is a valuable safety net, but it’s not a free pass. Proactive planning, diligent documentation of your efforts, and prompt consultation with an immigration attorney are highly recommended to ensure a smooth transition and avoid potential complications. Understanding the intricacies of this period is key to navigating this challenging situation successfully.

#Graceperiod #L1visa #Visarules