E-3 Visa Job Loss: Grace Period, Options, and Next Steps

What Happens When You Lose Your E-3 Job?

Losing a job on an E-3 visa does not mean you must leave the United States immediately. Federal regulations provide a grace period that allows nonimmigrant workers, including E-3 holders, to remain in the country while they look for a new employer, apply to change their immigration status, or prepare to depart.

The rules governing what happens after job loss depend on when the employment ended, how much time remains on your authorized stay, and what actions you take during the grace period. This guide covers each of those factors.

The 60-Day Grace Period

Under 8 CFR 214.1(l)(2), E-3 workers who are terminated or laid off receive a grace period of up to 60 days or until the end of their authorized validity period, whichever is shorter. This provision was added by a 2017 DHS final rule and applies to workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN status.

During the 60-day grace period, you are not authorized to work. Your employment authorization ended when the employment relationship ended. The grace period allows you to remain in the United States lawfully while you arrange your next step, but it does not extend your work authorization.

The 60-day clock starts on the date the employment ends, not the date you receive notice. If your employer gives you two weeks' notice but your last day of work is March 15, the grace period runs from March 15.

Source: 8 CFR 214.1(l)(2) — Grace period provision for certain nonimmigrant workers after cessation of employment

Options During the Grace Period

You have three primary options during the 60-day grace period. Each has different requirements and different consequences for your immigration status.

Option 1: Find a new E-3 employer. A new employer can file an LCA through FLAG and sponsor you for a new E-3 visa. If the new employer is in the United States, you may be able to start working as soon as the new petition is filed with USCIS (see the portability section below). If you plan to process the new E-3 at a consulate, you will need to depart the U.S. and attend a consular interview.

Option 2: Change to another nonimmigrant status. You can file Form I-539 (Application to Extend/Change Nonimmigrant Status) to change to B-1/B-2 visitor status or another nonimmigrant category for which you are otherwise qualified. The change of status application must be filed before the grace period expires. You cannot work while the application is pending unless the new status independently authorizes employment.

Option 3: Depart the United States. You may leave at any time during the grace period. Departing within the grace period does not create any negative immigration consequences and does not affect your ability to apply for a new E-3 visa or other visa in the future.

Source: USCIS - I-539 Application — Form I-539 for extending stay or changing nonimmigrant status

E-3 Portability: Starting Work With a New Employer

E-3 portability allows an E-3 worker to begin employment with a new employer before the new E-3 petition is approved. Under INA 214(n), when a new employer files an I-129 petition on behalf of an E-3 worker who is already in valid E-3 status (or within the grace period), the worker may begin working for the new employer as soon as the petition is filed with USCIS.

For portability to apply, the new employer must file a new LCA with the Department of Labor and then file Form I-129 with USCIS. The LCA must be certified before the I-129 is filed. The worker must have been in lawful E-3 status at the time of termination and must not have worked without authorization since then.

Portability is significant because it means you do not have to wait months for USCIS to adjudicate the new petition. You can start working on the filing date. If the petition is ultimately denied, employment authorization under portability ends.

Source: INA 214(n) - Portability — Nonimmigrant worker portability provision under the Immigration and Nationality Act

The 10-Day Grace Period at Visa Expiry

Separately from the 60-day post-employment grace period, 8 CFR 214.1(a)(3) provides a 10-day grace period at the end of an E-3 worker's authorized period of stay. This 10-day period is available regardless of whether the employment was terminated early or the visa simply reached its expiration date.

The 10-day grace period is intended for departure preparation only. You cannot work during this period, and you cannot use it to file a change of status or extension. It exists so that workers whose authorized stay ends have a brief window to arrange travel and leave the country without accruing unlawful presence.

If your employment ended early and you received the 60-day grace period, the 10-day period does not add additional time on top of the 60 days. The two grace periods do not stack. The 10-day period applies to the end of the I-94 validity, not the end of employment.

Source: 8 CFR 214.1(a)(3) — 10-day departure grace period for certain nonimmigrant classifications

Unlawful Presence and Overstaying

If you remain in the United States beyond the grace period without filing for a change of status or extension, you begin accruing unlawful presence. Unlawful presence has serious consequences for future immigration applications.

Under INA 212(a)(9)(B), accruing more than 180 days but less than one year of unlawful presence and then departing triggers a 3-year bar on reentry. Accruing one year or more of unlawful presence and then departing triggers a 10-year bar. These bars can only be waived in limited circumstances.

The clock for unlawful presence starts the day after the grace period ends. If your I-94 expired on June 1 and you had no grace period remaining, unlawful presence begins June 2. Filing a timely change of status application (I-539) or new I-129 petition stops the unlawful presence clock while the application is pending, even if it is ultimately denied.

Source: USCIS - Unlawful Presence — USCIS policy guidance on unlawful presence and the 3-year and 10-year bars

Your Former Employer's Obligations

When an employer terminates an E-3 worker before the end of the authorized validity period, the employer has certain obligations. Under 20 CFR 655.731(c)(7)(ii), the employer that filed the LCA is liable for the reasonable costs of return transportation to the worker's last country of residence. This obligation applies when the employer terminates the worker, not when the worker voluntarily resigns.

The employer must also withdraw the LCA from DOL by contacting the FLAG system. If the employer does not withdraw the LCA, the employer remains liable for the wage obligations stated on the LCA for the full period of employment listed.

Source: 20 CFR 655.731(c)(7)(ii) — Employer obligations for return transportation costs upon termination

Practical Steps After Losing Your Job

The following steps apply immediately after your employment ends.

1. Confirm your last day of employment with your employer in writing. This date determines when the 60-day grace period begins.
2. Request a copy of your termination letter or RIF notice. This document may be needed for future immigration filings.
3. Check your I-94 record at the CBP I-94 website (i94.cbp.dhs.gov) to confirm your authorized stay expiration date. Your grace period cannot extend beyond this date.
4. If you plan to stay in the U.S., begin your job search immediately. The 60-day window is short, and a new employer will need time to file an LCA and I-129.
5. If you want to change to B-1/B-2 status as a bridge, file Form I-539 before the 60-day grace period expires. Include evidence of your intent to depart or of pending travel plans.
6. Keep records of your departure if you leave the U.S. Retain your boarding pass or travel itinerary as evidence that you departed within the grace period.

Source: CBP I-94 Website — Check your most recent I-94 arrival/departure record