When a nonimmigrant worker in the United States is terminated—whether voluntarily or involuntarily—it often triggers a race against time to maintain legal status. For several years, the USCIS webpage titled “Options for Nonimmigrant Workers Following Termination of Employment” served as a go-to reference for workers to be aware of their options and their ability to remain lawfully in the United States. However, USCIS has now archived that page, signaling that while some of the information may still be useful, it is no longer considered current or authoritative.

What Did the Archived Page Say?

The archived USCIS guidance outlined several key options for nonimmigrant workers following a termination of employment, including:

• The 60-day grace period
• Filing a change of status (e.g., to B-2)
• H-1B portability to a new employer
• Adjustment of status for eligible individuals
• Applying for a compelling circumstances EAD

These remain grounded in existing regulations and are not invalid simply because the page was archived. However, USCIS may no longer stand behind that summary as its current policy, and applicants should be cautious about relying on it without up-to-date legal guidance.

Why Does Archived Status Matter?

When USCIS archives a webpage, it is flagging that the information may be:

• Outdated due to policy or regulatory changes
• Superseded by new guidance (often in the USCIS Policy Manual)
• Misaligned with current USCIS practices or adjudication standards

While the content is still publicly available, it no longer reflects official, active guidance. Immigration decisions based on archived content may therefore be more vulnerable to changed adjudication standards.

What Hasn’t Changed: The 60-Day Grace Period

The 60-day grace period remains a key provision. Under DHS regulations, individuals in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN status whose employment ends early may be granted up to 60 consecutive days of additional stay—or until the end of their current I-94 validity period, whichever is shorter.

During this time, eligible individuals can:

• Seek and begin new employment (if porting to a new H-1B employer)
• File a change of status application (e.g., to B-2)
• Prepare to depart the U.S.
• Apply for adjustment of status, if eligible

This grace period is discretionary, not automatic, and maintaining accurate records of employment end dates and timely filings is essential.

Rethinking the B-2 “Bridge” Option

In the past, filing a change of status to B-2 (visitor) was a widely used “bridge” strategy to maintain legal presence while seeking new employment or planning departure from the U.S. If a new job offer came through, individuals could file a change back to a work-authorized status—often without needing to leave the U.S.

However, in light of USCIS’s recent archiving of the termination options guidance and the absence of formal replacement policy, this approach now comes with increased uncertainty and risk.

What’s Changed?

While a change of status to B-2 is still technically permissible, several new considerations apply:

• Greater scrutiny of intent: USCIS may more closely examine whether the individual’s stated reason for requesting B-2 status is consistent with the visitor visa classification. Using B-2 status purely to “wait out” unemployment may not be seen as consistent with the permissible uses of the category.
• Heightened nonimmigrant intent review: B-2 applicants must demonstrate that they intend to stay only temporarily and will depart the U.S. at the end of their authorized stay. Filing a B-2 simply to remain in the U.S. until another job is found may raise flags.
• Transitioning back to a work status may not be possible from within the U.S.: Previously, individuals could file a new petition to return to H-1B or similar status while a B-2 application was pending. However, if USCIS adopts its previous stricter stance, returning to a work-authorized status may now require:
  • Departing the U.S.
  • Obtaining a new visa stamp abroad (if the previous one has expired), and
  • Reentering the U.S. in the newly approved status.

This has practical and strategic consequences, especially if there are consulate delays, visa appointment backlogs, or heightened risks of visa refusal.

What Should You Do Now?

Here are steps we recommend for any nonimmigrant worker who has recently lost their job:

1. Act Quickly
   Time is critical. The 60-day grace period can disappear quickly, especially if you’re evaluating multiple options or facing processing delays.
2. Document Your Situation
   Keep records of your termination date, final pay, severance agreements, and any communications about the end of employment. This documentation may be essential in supporting future filings.
3. Be Cautious About B-2
   While still potentially viable, a change of status to B-2 may no longer be a low-risk fallback strategy. It requires a clear, lawful basis—and USCIS’ may change its adjudication standards to prevent you from regaining work authorization without international travel.
4. Check for Other Viable Options
   You may qualify for H-1B portability, O-1 status, a dependent visa through a spouse, or even adjustment of status. Explore all available avenues.
5. Consult an Immigration Attorney
   Every case is different. A knowledgeable attorney can help you evaluate your options in light of current USCIS practices and avoid unintended consequences.

Final Thoughts

The archiving of USCIS’s “options after termination” page signals a shift in tone, if not yet in formal policy. Employers and employees alike must now navigate this area with greater care. While the 60-day grace period remains a valuable tool, strategies like the B-2 bridge filing may no longer as safe or predictable as they once were.

By: Emily Neumann

Emily Neumann is Managing Partner at Reddy Neumann Brown PC with 20 years of experience practicing US immigration law providing services to U.S. businesses and multinational corporations. Emily has helped transform the firm from a solo practice to Houston’s largest immigration law firm focused exclusively on U.S. employment-based immigration.  She received her Bachelor’s degree in Biology from Central Michigan University and her Juris Doctorate degree from the University of Houston Law Center. Emily has been quoted in Bloomberg Law, U.S. News & World Report, Inside Higher Ed, and The Times of India on various hot topics in immigration. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management.