H-1B admission periods and the cessation-of-employment provision
What the regulation provides about the six-year limit, the days either side of a petition validity period, and the position when employment ends.
Authority: 8 CFR 214.1(l), 8 CFR 214.2(h)(13)
The six-year limitation
- The regulation provides that an H-1B alien in a specialty occupation who has spent six years in the United States under section 101(a)(15)(H) and/or (L) may not seek extension, change of status, or readmission under those sections unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year. 8 CFR 214.2(h)(13)(iii)(A)
- It provides that time spent physically outside the United States exceeding 24 hours during the validity of an approved H-1B petition is not counted toward the maximum admission period. 8 CFR 214.2(h)(13)(iii)(C)
The days either side of the validity period
- The regulation provides that an alien admissible in E-1, E-2, E-3, H-1B, L-1 or TN classification and dependents may be admitted for the validity period of the petition plus an additional period of up to 10 days before it begins and 10 days after it ends. 8 CFR 214.1(l)(1)
- It states that unless authorised under 8 CFR 274a.12, the alien may not work except during the validity period. 8 CFR 214.1(l)(1)
When employment ceases
- The regulation provides that an alien in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN classification and dependents shall not be considered to have failed to maintain nonimmigrant status solely on the basis of a cessation of the employment on which the classification was based, for up to 60 consecutive days or until the end of the authorised validity period, whichever is shorter, once during each authorised validity period. 8 CFR 214.1(l)(2)
- It states that DHS may eliminate or shorten this 60-day period as a matter of discretion. 8 CFR 214.1(l)(2)
- It provides that unless otherwise authorised under 8 CFR 274a.12, the alien may not work during such a period. 8 CFR 214.1(l)(2)
- It provides that an alien in any such period may apply for and be granted an extension of stay or change of status, if otherwise eligible. 8 CFR 214.1(l)(3)
This page reports what published regulations provide, with the citation for each statement. It is not legal advice, it is not complete, and it says nothing about any particular person's situation. Verify each citation against the current text at eCFR before acting on anything here.