How Long Can You Stay in the US after Your Work Visa Expires?
Discover the length of time you can stay in the US after your work visa expires.
There are hundreds of thousands of foreign workers living and working in the United States with non-immigrant temporary US Work Visas.
These US Work Visas are issued for various types of foreign workers and different lengths of time (for example, one year, two years, three years or for the duration of status) and most of them have an option to be renewed.
A common question asked by foreign workers is: How long can you stay in the US after your Work Visa expires?
This is a very important question to ask, since overstaying your US Work Visa could prevent you from entering the United States for a certain number of years in the future.
In this article, you will learn about the difference between the expiration date of a US Work Visa and the expiration date of status as a non-immigrant temporary foreign worker, as well as what to do if your US Work Visa expired.
Table of Contents
What Is a US Visa Overstay?
Overstaying your visa is remaining in the United States beyond the validity or departure date written on your Form I-94 which is issued when you arrive in the US.
A US Work Visa is placed on a page of a foreign worker’s passport by the US Embassy or Consulate officials in his or her country of residence and permits him or her to enter the United States legally for the purpose of employment during a specific period of time (for example, up to three years in the case of the H-1B Work Visa).
Nonetheless, the Customs and Border Protection (CBP) agent at the US port of entry will review the foreign worker’s Work Visa and other documents (such as an employment contract) and then decide whether to admit him or her into the United States and how long their status as a particular category of the foreign worker will be valid.
For example, a foreign worker may have a US H-1B Work Visa placed on a page of his or her passport that permits entry into the United States for three years, but the CBP agent at the port of entry may see during the review of documents that the foreign worker’s employment contract is for two years and, therefore, the Form I-94 may show the H-1B status is valid for two years.
In this scenario, if the foreign worker remains in the United States after the two-year H-1B status shown on the Form I-94 has expired, he or she will be considered as overstaying his or her visa (also known as unlawful presence), even though the H-1B Work Visa is valid for three years.
My Work Visa Expired: How Long Can I Stay?
Your US Work Visa allows you to enter the United States during a specified time period; however, it is the expiration date of your status as a foreign worker (for example, expiration of your H-1B status) on your Form I-94 that determines when you must depart the USA.
In other words, your US Work Visa permits your entry into the United States (upon the approval of the CBP agent at the port of entry), but it is the validity dates of your status that determines how long you can stay in the country legally.
For example, if your US Work Visa expires while you are living and working in the USA, but your status as a particular category of foreign worker is still valid for six months, you can stay in the US legally for six months; however, if you leave the US during that remaining six-month period and want to re-enter the USA, you would need to get a new or renewed Work Visa in advance.
Thus, your valid US Work Visa gets you into the country, but your valid status lets you stay in the USA.
What Happens if You Overstay Your Work Visa in the USA?
In the event that you overstay your Work Visa in the USA (more specifically, you overstay your status and are considered to have an unlawful presence in the US), you could face certain penalties, depending on how long past your status expiration date you remain in the United States.
For example, if you stay in the USA for 180 days but less than one year beyond your status expiration date, you could be prohibited from entering the United States for three years.
Should you remain in the US for more than one year after your status expires, you could be banned from entering the United States for 10 years.
If you or your employer terminate your employment in the United States early (for example, you had a two-year employment contract, but your employment was terminated after one year), you may be able to request from USCIS a 60-day grace period to allow you to legally stay in the USA so you can try to find a new employer, get a new employment contract and have the new employer file the petition to hire a foreign worker.
Alternatively, you might apply for an F-1 Student Visa after being accepted to enroll full-time at a college or university in the United States and the Student Visa would allow you to stay in the USA for the duration of your education program (you would need, however, to show that you have the financial resources to pay for tuition and your living expenses while living in the US as an international student).
Another option for a change of status to stay in the US may be to apply for a B-1 Business Visitor Visa or B-2 Tourist Visitor Visa, which can be valid for up to six months; however, you are not permitted to work in the USA with a B-1 Visa or B-2 Visa.
If your status is about to expire or has expired, it is important to act quickly to find another way to stay in the USA legally, before you overstay your Work Visa for 180 days or more and face being prohibited from entering the US for three years or even 10 years.
Otherwise, you will need to depart the United States, again, before you overstay your visa for 180 days and face being banned from entering the US for a significant time period.
My Work Visa Expired: What Can I Do?
If your US Work Visa expires while you are living and working in the USA, but your status is still valid, you may not need to do anything since your status expiration date on your Form I-94 determines when you must depart the United States.
On the other hand, if your status is valid, but your US Work Visa is expired, and you plan to leave the United States briefly and want to re-enter the US to continue employment, then you will need to apply for a new US Work Visa (preferably before you depart the USA).
In the event that your employment contract is renewed beyond the time that your US Work Visa and/or status is valid, it is better to apply for an extension while your status is still valid (most US Work Visas have the option to be renewed if the foreign worker continues to meet the criteria).
Please note that it is common for an employer who hires a foreign worker to provide assistance in obtaining or renewing the US Work Visa and the relevant status.
Conclusion
As you have learned from reading this article, there is a difference between the expiration dates for a US Work Visa and the relevant status of a foreign worker.
Your US Work Visa allows you to enter the United States for employment during the period that it is valid. Still, it is the expiration date of your status as a particular category of the foreign worker, as shown on your Form I-94, that determines how long you can stay in the USA.
There are many US Work Visas, and each one has different eligibility requirements, application procedures, benefits, and rules.
USAFIS can provide you with a US Visa Assessment to determine which Visa to the USA is right for you and offers guidance in preparing the documents required for the application process.
To receive your US Visa Assessment, click here!
Frequently Asked Questions (FAQ’s)
How many times can a work visa be renewed?
The number of times that a US Work Visa can be renewed depends on which US Work Visa it is and its particular rules, as well as whether the foreign worker continues to satisfy the eligibility requirements for the specific US Work Visa. For example, the popular H-1B Work Visa is generally valid for three years and it can be renewed once for an additional three years (six years total); however, it has an option to apply for a US Permanent Resident Green Card at the end of the six years. The E-1 Treaty Trader Visa and E-2 Treaty Investor Visa are both valid for two years and can be renewed for two years at a time indefinitely, as long as the eligibility criteria are satisfied.
Can you work if your work visa expires?
Yes, you can continue to work in the USA if your Work Visa expires, as long as your status is valid as shown on your Form I-94 and you are still employed by the same employer. You will, however, need to renew your US Work Visa if your status is valid and you want to briefly leave the USA and be allowed to re-enter the country upon your return. Remember, your valid US Work Visa gets into the United States, but your valid status lets you stay in the USA.
How long does it take to renew a US work visa?
USCIS will generally process a renewal application within 90 days, but it is prudent to apply for renewal 120 days before your US Work Visa and/or status expires to allow enough time.
Is it possible to extend a work visa?
Yes, most US Work Visas have an option to be renewed if the foreign worker still satisfies the eligibility requirements. The length of time for the US Work Visa renewal varies, depending on the rules of the particular visa.
How much does it cost to renew a work permit in the USA?
The cost to renew a work permit in the USA (i.e., a US Work Visa) depends on which visa it is and other factors. For example, the basic filing fee for the H-1B Work Visa and the L-1 Work Visa is $460 USD, while the basic filing fee for the E-1 Treaty Trader Work Visa is only $205 USD. Please note that other governmental fees may apply and the fees are subject to change.
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