Unlawful presence occurs when you overstay your authorized time in the United States or are present in the United States without being lawfully admitted. If you accrue unlawful presence, you may be barred from re-entry to the United States for certain periods of time and/or may become ineligible to obtain a U.S. nonimmigrant visa anywhere other than your home country.
Refer to the USCIS guidance on
Unlawful Presence and Bars to Admissibility.
To avoid unlawful presence or a violation of immigration rules, depart the United States on or before the last day of your authorized stay:
- J-1 – depart within 30 days after end of DS-2019 or end of program, whichever is earlier
- H-1B – depart by end date of I-94 or after end of employment, whichever is earlier
- O-1 – depart by end date of I-94 or after end of employment, whichever is earlier
- TN – depart by end date of I-94 or after end of employment, whichever is earlier
- F-1 – 60 days after end of I-20 or end of program of studies or OPT, whichever is earlier
You are considered to be lawfully in the United States after your end of program if you have filed a non-frivolous petition with USCIS to extend your stay, change your status, or adjust your status before expiration of your lawful stay. Consult with an immigration attorney if necessary.
Do not use your NIH immigration documents to travel or work in the United States if you are no longer sponsored or employed by NIH.