Coronavirus And Non Immigrant Visas

The Coronavirus And Working In The US On A Non-Immigrant Visa

April 16, 2020

Review The Contract First

If you are an individual who had your job terminated (non-immigrant worker or U.S. citizen) due to the coronavirus, the best place to start is to look and review your employment contract.

Based on the classification of your employment and the terms of the employment contract, you may have an opportunity for relief if your employment was wrongfully terminated. North Dakota has also touched on labor and human rights issues regarding the coronavirus. Contact one of our attorneys and we can review your employment contract and provide you with legal advice regarding your specific issue.

Non-Immigrant Work Visas

Non-immigrant visas are provided to individuals who are working temporarily in the U.S. These visas range from dealing with individuals working in a professional field of work to individuals with extraordinary abilities that are working in the U.S. There are many classifications of non-immigrant visas, which can be found here.

As a non-immigrant worker, your visa and employment are the sole basis for you staying and working in the U.S. Since non-immigrant visas are temporary in nature, if your employment is terminated before your visa expires, your next step will be determined by the type of visa you have.

Non-Immigrant Visas That Provide A 60-Day Grace Period Upon Termination Of Employment

There are many categories of non-immigrant work visas that will provide a 60-day grace period for you to leave the U.S. if your employment is terminated. If you are in the U.S. under any of these categories, you have 60 days to organize your affairs and belongings before you leave.

The following visas currently have a 60-day grace period:

  • E-1 visa (Treaty Traders)
  • E-2 visa (CNMI investor)
  • E-3 visa (Certain Specialty Occupation Professionals from Australia)
  • H-1B visa (Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models)
  • L-1A visa (Intracompany Transferee Executive or Manager)
  • L-1B visa (Intracompany Transferee Specialized Knowledge)
  • O-1 visa (Individuals with Extraordinary Ability or Achievement)
  • TN visa (NAFTA Professionals)

Not all non-immigrant visas are the same. Immigration policies and their legal implications change regularly and often. For the most up-to-date information for non-immigrant visas be sure to contact the USCIS.

If you want guidance when it comes to termination of employment due to coronavirus or your work status in the U.S. as a non-immigrant worker, contact SW&L by calling 701-297-2890, or email us via the contact form below.

This article is for informational purposes only. You should contact an attorney to obtain advice with respect to any particular issue or problem you may have related to your injuries.