Many E-2 visa holders assume they have 60 days to figure things out if their job ends. However, that is not always the case. The length of your grace period—if you get one at all—depends on your I-94 expiration date and the reason for your job ending.
When You Actually Get 60 Days
A 60-day grace period may apply if your E-2 job ends while your I-94 is still valid. During this time, you can:
- Find a new employer
- Change your immigration status
- Leave the U.S.
However, if your I-94 expires before the 60 days are up, the grace period ends early.
When You Only Get 10 Days
The 10-day grace period does not apply to job loss. It only applies when your E-2 status naturally expires, meaning your I-94 expiration date has been reached. This is different from the visa sticker in your passport, which only controls entry into the U.S., not your permitted stay.
When the Grace Period is Shorter Than 60 Days
If your E-2 job ends and your I-94 expiration date is less than 60 days away, your grace period is shortened. You must leave, change status, or find a new employer before your I-94 expires. For example:
- Your job ends today.
- Your I-94 expires in 15 days.
- You only get 15 days, not 60.
When There is No Grace Period
In some cases, there is no grace period at all. This applies if:
- Your I-94 expires first. If your status has already ended, no grace period is granted.
- You are fired while outside the U.S. If you are not in the U.S. when your E-2 employment ends, you do not qualify for a grace period.
- Your E-2 business closes. If your company no longer meets E-2 visa requirements, you lose status immediately.
How to Check Your Grace Period
To determine your grace period:
- Check your I-94 expiration date online here.
- Confirm your visa category and employment status.
- Consult an immigration attorney if you are unsure of your options.
Plan Ahead to Avoid Problems
The 60-day grace period is not guaranteed, and your I-94 expiration date plays a key role in determining how much time you have. If your E-2 status is ending, take action early to avoid overstaying.
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JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
