Understanding Nonimmigrant Visa Grace Periods in NYC

A U.S. visa permits nonimmigrants to enter the U.S. to seek work, study, or travel. The NYC immigration laws can seem complicated and overwhelming. If you’ve entered the country on a nonimmigrant visa, understanding nonimmigrant visa grace periods in NYC is vital.

An immigration lawyer who has experience with nonimmigrant visas is particularly able to help you understand and navigate the complex immigration laws in this country. At PPID, we are here to help you answer any questions and to guide you through the process.

How a U.S. Visa Works

In 2024, the United States issued over 10 million nonimmigrant visas. A nonimmigrant visa has two stamps. One is the visa stamp, which details the specific dates that someone may seek entry to the United States. The expiration date is the last day you can seek admission at a port of entry.

The second stamp authorizes the duration of your stay. This is determined by the U.S. Customs and Border Protection, or CBP, when you enter the country. The period of stay is noted on the 1-94 form, an electronic document that can be accessed online. This date specifies the date by which you must leave the United States, get an extension, or change your visa status.

How Long Some Nonimmigrant Work Visas Last

Each nonimmigrant work visa has a specific duration with potential extensions.

• H-1B Visa. This visa is specifically designed for individuals in specialty occupations and fashion models who demonstrate merit and ability. A specialty occupation requires specific knowledge, typically accompanied by a minimum of a bachelor’s degree. It is granted for an initial period of three years, with a maximum duration of six years. There are exceptions for those going through the green card process.
• L-1 Visa. This visa allows employers to transfer employees from a foreign office to one in the United States. There are different durations depending on the subcategory:
  • L-1A visas, for executives and managers, allow an initial stay of up to three years with a maximum of seven.
  • L-1B visas, for employees with specific knowledge, also have an initial stay of up to three years, but their maximum is five.
• O-1 Visa. This visa is for individuals with an extraordinary ability in the arts, sciences, education, business, athletics, or who have achieved extraordinary success in the motion picture or television industry. The initial duration is three years, but can be extended annually as long as the individual continues to meet the extraordinary ability requirement and remains employed.
• TN Visa. For a TN visa, you must be a citizen of either Canada or Mexico and possess the required credentials. The initial duration is three years, which can be extended every three years indefinitely if the individual continues to participate in the activities that qualify them for the visa.
• E-1 and E-2 Visas. The initial duration is three years, but it can be extended indefinitely every two years.

How the Grace Period Works

In 2024, New York City admitted 290,000 people with nonimmigrant visas, but what happens when they lose their jobs? Because these visas end when there is no more employment, the U.S. Citizens and Immigration Services, or USCIS, offers a 60-day grace period, which allows nonimmigrants:

• To find work in the same classification with a new sponsoring employer
• Prepare to leave the country
• To apply for a different type of visa

Hire an Immigration Lawyer

An immigration attorney understands the details behind each of these grace periods and can provide legal counsel for your specific situation. Hire an immigration lawyer today if you have any questions or need guidance through your own grace period.

FAQs

What Is the Grace Period for a Nonimmigrant Visa?

The grace period for a nonimmigrant visa is 60 days from a qualifying event. An event could be losing a job, after which there would be 60 days to find another one. You can use those 60 days to change their visa status or prepare to leave the country. This provides a safety net, giving people time to adjust to new circumstances without the threat of deportation. New York’s USCIS office is located on the 10th floor of Federal Plaza.

How Many Times Can You Use the 60-Day Grace Period?

You may only use the 60-day grace period one time for each period that it’s authorized. This means that you can only use it one time under one term of the same visa. If your I-94 or Form I-797 is set to expire, then the grace period could be less. It helps U.S. employers to make changes for current or new nonimmigrant workers. The grace period also helps skilled workers find new employment elsewhere.

How Many Days Can We Stay in the U.S. After Visa Expiry?

The number of days you can stay in the U.S. after your visa expires is not determined by the visa, which details how long you may seek admission into the country. The I-94, Arrival/Departure Record, which is created by U.S. Customs and Border Protection upon entry into the country, details the length of stay. The I-94 specifies your visa classification and includes an “Admit Until Date,” which is the date by which you must leave the country.

Do Other Nonimmigrant Visas Grant a Grace Period?

Not all nonimmigrant visas grant a grace period, but some do. A few visas don’t allow nonimmigrants to seek other employment but provide a grace period to prepare for departure. Students with an F-1 visa are entitled to a 60-day grace period following the completion of their academic program or training. Exchange visitors on a J-1 visa are allowed a 30-day grace period after their domestic travel program ends to help them prepare to exit the country.

Contact Pollack, Pollack, Isaac, and DeCicco, LLP Today

Our law firm has been serving clients for over 60 years, and we are passionate about helping you navigate the complex immigration system. We speak Spanish, Chinese, Bulgarian, Russian, Hindi, Punjabi, and more, and are dedicated to putting our clients first. With over 100 years of combined experience, we are uniquely positioned to tailor our experience to your specific circumstances. Contact our office today to learn how we can assist you.

About The Author

Conrad E. Pollack

Conrad E. Pollack is the Managing Partner and Director of Immigration at Pollack, Pollack, Isaac & DeCicco, LLP. He graduated Magna Cum Laude from New York University and earned his J.D. from Brooklyn Law School. With over three decades of experience in immigration law, Conrad has helped countless clients achieve their American Dream. Under his leadership, PPID has expanded significantly, opening new offices in Peekskill and Brooklyn, NY. He is a member of the American Immigration Lawyers Association and has been recognized for his professional excellence with numerous awards and distinctions. Education: Magna Cum Laude graduate from New York University; J.D. from Brooklyn Law School. Awards: Recipient of numerous professional excellence awards. Memberships: Active member of the American Immigration Lawyers Association.

View all posts by Conrad E. Pollack →