What is the 60-day grace period for F-1 Students and for nonimmigrant workers in E-1/E-2/E-3, H-1B, L-1, O-1, or TN status (and their dependents)?
Image by Tumisu from Pixabay. Upon completion of your program of study as an F-1 student and any authorized period of practical training; or upon cessation of employment as a nonimmigrant worker and your dependents, you have a grace period during which you can stay in the United States. Find out more about the grace period.
Grace period for students
Upon completion of your program of study at a Student and Exchange Visitor Program (SEVP)-certified school and any authorized period of practical training, you have a grace period during which you can stay in the United States. The length of your grace period depends on your visa type.
F-1 visa holders have 60 days after their program end date to leave the United States. For F-1 students who participate in post-completion optional practical training, they have 60 days after their employment ends to depart.
M-1 visa holders have 30 days after their program end date to leave the United States. M-1 students who participate in practical training have 30 days after their EAD expires to depart.
Where can I find my program end date?
Your program end date is the official date listed on your current Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status.” The latest date you may remain in the United States is the “admit until” date on your Form I-94, “Arrival/Departure Record,” unless you have filed for an extension or practical training benefits with U.S. Citizenship and Immigration Services.
Can I depart and then return to the United States during the 60-day grace period?
No, you may not depart and return to the United States during your grace period. If you depart the United States before the end of your grace period, the rest of the grace period is lost.
What happens if I don’t fully complete my program or I failed to maintain my student status?
If you do not complete your program of study or do not maintain your F-1 or M-1 status, you may not receive the full grace period. Ask your designated school official (DSO) for guidance on how soon you must depart the United States.
What happens if I fail to depart during the grace period?
If you fail to depart during your post-completion grace period, this could adversely impact your ability to re-enter the United States under a different nonimmigrant or immigrant classification in the future.
What do I need to do to if I need to extend my stay?
If you wish to extend your stay in the United States, talk with your Designated School Official (DSO) to learn more about the following options:
Transfer to another school and begin a new program of study.
Change your education level (for example, bachelor’s to master’s degree).
Change your status to another visa status if eligible.
Where can I find more information?
For additional information and resources on how to maintain your status, visit the Maintaining Status page. For case-specific questions, please contact the SEVP Response Center.
Grace Period for Nonimmigrant Workers
This section is 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.
Regulations permit a discretionary grace period that allows workers in E-1, E-2, E-3, H-1B,
H-1B1, L-1, O-1, or TN classifications (and their dependents) to be considered as having maintained status following the cessation of employment for up to 60 consecutive calendar days or until the end of the authorized validity period, whichever is shorter (See 8 CFR 214.1(l)(2)).
What am I allowed to do during this grace period?
During this period, workers may be able to maintain their nonimmigrant status if a new employer timely files a petition on their behalf with an extension of stay request (e.g., an H-1B change of employer petition for a worker in H-1B status).
Alternatively, workers may be able to remain in the United States in a period of authorized stay if they timely file an application to change to a new nonimmigrant status (such as B-2 visitor nonimmigrant status) or an application for adjustment of status, if eligible (see below for a detailed overview of options).
Workers who are unable to timely file a change of status application, or find a new employer who timely files a change of employer petition for the worker, may be required to depart the United States at the end of this grace period.
Where can I find more information?
For additional information and resources please visit the dedicated U.S. Citizenship and Immigration Services (USCIS) webpage. If you need further assistance, please contact us for a consultation. We are here to help. We have over a decade of experience assisting individuals and families reach their American Dream. Follow us on Instagram, Twitter, Facebook, LinkedIn and Tumblr, for up-to-date immigration news.
Torregoza Legal PLLC is the law firm for immigrants, by immigrants. We are founded on the motto of LegalEase: we do away with the legal jargon and make law easy to understand, so you can focus on what’s important to you – going for your American Dream.
Contact us at (888) 445-7066 or info@legalease.us. We are also on social media and on Skype: @LegalEaseUS. || www.LegalEase.us
This website and blog constitute attorney advertising. Do not consider anything on this website or blog legal advice as the law is dynamic, particularly in the immigration field and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.