HOW LONG CAN YOU SAY UNEMPLOYED ON AN O-1 VISA?
The O-1 visa is a work visa that allows individuals with extraordinary ability to work in the United States. However, because it is tied to employment, losing your job can impact your immigration status. If you find yourself unemployed while on an O-1 visa, it is crucial to understand how long you can remain in the U.S. without violating immigration laws.
The 60-Day Grace Period
If you are terminated from your job, USCIS allows a 60-day grace period during which you must either:
This 60-day window begins from the date of termination and is meant to provide O-1 visa holders with time to secure new employment or make alternative immigration arrangements.
What Happens If You Do Not Find a Job Within 60 Days?
If you do not file for a new O-1 visa petition or change to another valid status within 60 days, you must leave the U.S. Staying beyond this period without legal status could result in visa violations, potential bans, or complications in future immigration applications.
How to Stay in the U.S. After Losing Your Job
If you want to remain in the U.S. beyond the 60-day grace period, you have a few options:
1. Find a New Employer and File a New O-1 Petition
The best option for O-1 visa holders who want to continue working in the U.S. is to find a new employer willing to sponsor their O-1 visa. A new employer must file Form I-129 (Petition for Nonimmigrant Worker) on your behalf before the 60-day grace period expires.
2. Apply for a Change of Status
If you cannot secure a new job immediately, you may be eligible to change to a different visa category, such as:
3. Leave the U.S. and Reapply Later
If you cannot secure a new job or visa status, the safest option is to depart the U.S. before the grace period ends and reapply for an O-1 visa once you secure new employment.
Final Thoughts
O-1 visa holders who lose their job have 60 days to find a new employer, apply for a change of status, or leave the U.S. to remain in compliance with immigration laws. If you are in this situation, it is important to act quickly and explore your options to avoid legal complications. Consulting with an immigration attorney can help you navigate this process and find the best solution for your situation.
Need help with your O-1 visa status? Contact us today for expert guidance!
The 60-Day Grace Period
If you are terminated from your job, USCIS allows a 60-day grace period during which you must either:
- Find a new employer and file a new O-1 petition
- Change to another visa status
- Leave the U.S. before the grace period ends
This 60-day window begins from the date of termination and is meant to provide O-1 visa holders with time to secure new employment or make alternative immigration arrangements.
What Happens If You Do Not Find a Job Within 60 Days?
If you do not file for a new O-1 visa petition or change to another valid status within 60 days, you must leave the U.S. Staying beyond this period without legal status could result in visa violations, potential bans, or complications in future immigration applications.
How to Stay in the U.S. After Losing Your Job
If you want to remain in the U.S. beyond the 60-day grace period, you have a few options:
1. Find a New Employer and File a New O-1 Petition
The best option for O-1 visa holders who want to continue working in the U.S. is to find a new employer willing to sponsor their O-1 visa. A new employer must file Form I-129 (Petition for Nonimmigrant Worker) on your behalf before the 60-day grace period expires.
2. Apply for a Change of Status
If you cannot secure a new job immediately, you may be eligible to change to a different visa category, such as:
- B-2 Visitor Visa – Allows temporary stay for travel or tourism purposes.
- H-1B Visa – If you qualify and an employer sponsors you.
- F-1 Student Visa – If you enroll in an academic program.
3. Leave the U.S. and Reapply Later
If you cannot secure a new job or visa status, the safest option is to depart the U.S. before the grace period ends and reapply for an O-1 visa once you secure new employment.
Final Thoughts
O-1 visa holders who lose their job have 60 days to find a new employer, apply for a change of status, or leave the U.S. to remain in compliance with immigration laws. If you are in this situation, it is important to act quickly and explore your options to avoid legal complications. Consulting with an immigration attorney can help you navigate this process and find the best solution for your situation.
Need help with your O-1 visa status? Contact us today for expert guidance!
MEET YOUR NEW ATTORNEY
Marcus Yi, Esq. provides personalized immigration law representation for both employment and family based immigration matters. An artist himself, Mr. Yi understands the unique nature of the arts industry, and is fully qualified to provide the best service for artists seeking to work in the United States.
He has represented corporations, non-profit organizations, and individuals, in the process of obtaining temporary visas for work, study and training, lawful permanent residence (a “green card”) and U.S. citizenship. He advises employers and individuals on all phases of immigration applications, from screening prospective hires to identifying visa strategies for new jobs and career transitions, through employment-based paths to permanent residence and naturalization.
Marcus Yi graduated from St John’s University School of Law, where he earned a Juris Doctorate degree in 2011. He is a member of the New York State Bar and is licensed to practice in State and Federal court. He is also a NYC member of the American Immigration Lawyers Association New York Chapter.
CONTACT US
Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, we are devoted to guiding you through US immigration law so contact us today to schedule a consultation.