Question:
Hi- I am Canadian, working on TN visa in US. My visa is valid until 12-31-2020. I lost my job on 10-30-2020. Please let me know if there is any grace period of 60 days that I can stay in US.
My spouse is also on TN visa here. Can I put up a petition for TD visa in 60 days.
Thanks.
Answer:
Yes you have the grace period of 60 days and its given to you by the USCIS rule which became the law in January of 2017. Read below-
Under the final rule, DHS may also authorize a grace period of up to 60 days in the E-1, E-2, E-3, H-1B, H-1B1, L-1, and TN classifications during the period of petition validity (or other authorized validity period). See final 8 CFR 214.1(l)(2). In response to public comments, DHS is retaining this provision while adding the O-1 visa classification to the list of nonimmigrant classifications eligible for the 60-day grace period. To enhance job portability for these high-skilled nonimmigrants, this rule establishes a grace period for up to 60 consecutive days, or until the existing validity period ends, whichever is shorter, whenever employment ends for these individuals. The individual may not work during the grace period. An individual may benefit from the 60-day grace period multiple times during his or her total time in the United States; however, this grace period may only apply one time per authorized nonimmigrant validity period. DHS believes that limiting this grace period to one instance during each authorized validity period balances the interests of nonimmigrant flexibility with the need to prevent abuse of this provision.
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