Losing a job while on an H-1B visa can be overwhelming — regardless if its through layoff, downsizing, termination, or resignation. Thankfully, U.S. immigration laws provide grace periods to help you transition without immediately falling out of status. Whether you’re laid off, resign, or face early termination, understanding your options is essential.
The United States Citizenship and Immigration Services (USCIS) plays a crucial role in determining eligibility for the 60-day grace period for H-1B visa holders.
This expanded guide breaks down everything you need to know about the 10-day, 60-day, along with legal strategies, employer options, and key actions you should take immediately.
What Is the H-1B Grace Period?
The H-1B visa grace period is a 60-day window that begins the day after you are laid off, terminated, or voluntarily resign from your job.
During this time, you and your dependents on H-4 visas remain in valid nonimmigrant status, even though you’re no longer employed.
Key Facts:
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The grace period is up to 60 consecutive days or until your current I-94 expires, whichever comes first.
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It only applies once per authorized validity period.
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You are not allowed to work during this period unless a new H-1B petition is filed and approved.
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Nonimmigrants can maintain nonimmigrant status solely during the 60-day grace period following the early cessation of employment, as long as they adhere to DHS regulations.
Official Source: 8 CFR 214.1(l)(2)
A grace period is the time you’re legally allowed to stay in the U.S. after your H-1B employment ends, giving you a chance to:
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Find a new job
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File a change of visa status
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Prepare to leave the U.S. without accruing unlawful presence
Grace periods vary based on your situation:
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10-Day Grace Period: Tied to visa start and end dates
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60-Day Grace Period: Applies when employment ends prematurely
10-Day Grace Period Explained
The 10-day grace period is commonly misunderstood. It does not apply if you’re laid off or resign early. Instead, it applies only:
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Before starting a new H-1B job: You may enter the U.S. up to 10 days before your job officially begins (but cannot start working).
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After visa validity ends: You have 10 days after your approved H-1B period ends to prepare for departure. Again, no work is allowed.
More on this fromUSCIS’s H-1B Guidelines.
60-Day Grace Period for Early Termination
If your H-1B job ends before the official end of your visa validity period (whether by layoff, resignation, or termination), the 60-day grace period is your lifeline.
Key facts:
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Starts the day after your last day of employment
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Allows time to find a new employer or file a change of status
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You must act within 60 days to maintain lawful presence
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Not automatic: DHS can deny or shorten it
This grace period also applies to other nonimmigrant work visas, including:
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H-1B1 (Chile/Singapore)
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L-1 (intra-company transferees)
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O-1 (extraordinary ability)
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E-3 (Australia)
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TN (Canada and Mexico)
Important: The 60-day period is once per petition. If you used it once and returned to the same employer under the same petition, you don’t get it again.
Can You Travel During the Grace Period?
No. H-1B holders should not travel internationally during the grace period. Leaving the U.S. ends the grace period, and you may not be able to return without a valid job offer and petition approval.
Do You Need to Apply for the Grace Period?
No separate application is needed. The grace period is automatically triggered when:
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Your employment ends.
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A new employer files an H-1B petition on your behalf during the 60-day window.
However, the new employer’s petition must include a clear explanation of the gap in employment and the reason for using the grace period.
Who Might Be Denied the Grace Period?
Not everyone qualifies. USCIS may deny or shorten the grace period in cases where:
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You quit without just cause, especially without documentation.
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You engaged in unauthorized work or other violations.
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You overstayed a previous visa or accrued unlawful presence.
➡ To avoid risks, consult an immigration attorney before resigning or making major changes.
What to Do If You’re a Nonimmigrant Worker Who’s Been Laid Off
Losing your job in the U.S. while on a work visa can be stressful. Many nonimmigrant workers assume they must leave immediately. But you likely have several legal options to stay—temporarily or even long-term.
Your Options After Termination
If your employment ends—whether voluntarily or involuntarily—you may qualify to:
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File a change of nonimmigrant status (like from H-1B to B-2 or F-1)
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Apply for adjustment of status (if you qualify to become a green card holder)
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Request a compelling circumstances Employment Authorization Document (EAD)
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Be the beneficiary of a new employer’s petition (such as a new H-1B filing)
If one of these actions occurs within 60 days of your termination—or before your visa expires—you can stay in the U.S. legally beyond that grace period.
Important Deadlines Chart
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Action |
Deadline |
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Last day of employment |
Day 0 |
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Grace period ends |
Day 60 or I-94 expiry |
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H-1B transfer must be filed by |
Day 60 |
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Change of status must be filed by |
Day 60 |
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Voluntary departure (if leaving) |
Day 60 |
Understanding the 60-Day Grace Period
What is it?
You have up to 60 consecutive days (or until your I-94 expires, whichever is sooner) to take action after your employment ends.
This grace period applies to workers in the following visa categories:
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E-1, E-2, E-3
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H-1B, H-1B1
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L-1
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O-1
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TN (NAFTA/USMCA workers)
See regulation 8 CFR 214.1(l)(2)
Why is the 60-Day Grace Period So Important?
Before 2016, you had to leave the U.S. immediately upon job loss. Now, you get time to:
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Find a new job and transfer your visa
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Change your immigration status
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File a green card application (if eligible)
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Apply for special employment authorization
Quick Grace Period Facts
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Question |
Answer |
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When does it begin? |
The day after your last paid workday |
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Do I need to apply? |
No formal application—just take one of the allowed actions within 60 days |
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Can I use it if I quit? |
Yes, it applies whether you were fired or resigned |
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Can I use it again later? |
Yes, once per employer petition period |
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Can I work during it? |
No, unless authorized (e.g., new employer files H-1B petition) |
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Can I travel during it? |
No. Leaving the U.S. ends the grace period |
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Can my spouse keep working? |
Yes, if they have an EAD or are work-authorized by status (e.g., L-2 spouses) |
Option 1: Change of Employer (H-1B Portability)
If you’re on H-1B status and find a new job, your new employer can file a non-frivolous H-1B petition.
Key Advantage: You can start working as soon as USCIS receives the petition—no need to wait for approval.
What You Need
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Certified Labor Condition Application (LCA) from the Department of Labor (takes ~7 days)
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Form I-129 filed by your new employer
Learn more about H-1B Portability
Option 2: Change of Status
You can apply to switch to another legal status, such as:
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Dependent nonimmigrant status (e.g., H-4, L-2)
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Visitor status (B-1 or B-2)
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Student status (F-1)
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Another work visa (TN, E-3, H-1B1)
Important Notes
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File before the grace period or I-94 expires
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You may stay while it’s pending
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Do not work until the change is approved
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Some changes may allow expedited or premium processing
Important: If you wait until Day 60 to file a transfer, USCIS may approve the petition but deny the status change, requiring you to leave and reenter the U.S.
Understanding the B-2 Visa: A Temporary Lifeline
The B-2 visa is a nonimmigrant visitor visa for tourism, personal travel, or medical treatment.
Key Facts About B-2 Status:
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Purpose: For temporary visits like vacation, visiting family/friends, or receiving medical care.
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Initial Stay: Typically up to 6 months.
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Extension Possible: Yes, with timely filing of Form I-539 before your authorized stay expires.
USCIS I-539 Application to Extend/Change Status -
Not Allowed:
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Working in any capacity
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Studying or attending classes full-time
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Important: The B-2 is often used as a “bridge” status—not a long-term solution.
Option 3: Adjustment of Status
If you qualify for a green card (such as through family, marriage, EB-1, or EB-5), you may be able to file:
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Form I-485: Adjustment of Status
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Optionally, request a work permit (EAD) and travel permit (Advance Parole) while waiting
This can be filed concurrently with:
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Self-petition under EB-1 (Extraordinary Ability)
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EB-5 investor petition
Learn more about adjustment of status
Option 4: Compelling Circumstances EAD
This is a temporary work permit for those with an approved I-140 but no visa number available.
Eligibility
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Have an approved I-140 employment-based immigrant petition
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No green card visa number currently available
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Facing compelling circumstances such as:
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Serious illness
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Employer retaliation
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Family hardship
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Risk of deportation
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Duration: 1 year, renewable
Drawback: You no longer maintain your original nonimmigrant status
Apply for a Compelling Circumstances EAD
Using Visitor Status to Stay and Job Hunt
Switching to B-1 or B-2 can allow you to stay longer to:
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Look for jobs
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Attend interviews
But: You cannot start working in the U.S. on B-1/B-2.
If you find a job, the employer must:
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File a petition for a work visa
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Get approval before you can work
Change to B-1/B-2 Visitor Status
What If You Leave the U.S.?
You can always choose to depart the U.S. voluntarily.
If You’re on H-1B or O-1:
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Your former employer must pay reasonable return transportation costs to your last foreign residence
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H-1B workers may return to the U.S. later to use any unused time left on their H-1B cap
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Depart within 60 days to avoid unlawful presence
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Re-enter later with a valid H-1B visa and new petition if approved abroad
How to Request Expedited Processing
You may qualify for expedited processing of your case under limited situations such as:
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Severe financial loss
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Humanitarian reasons
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Emergencies
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Government interests
How to Make an Expedite Request
Note: If premium processing is available (e.g., for I-129), expedite requests usually won’t be considered.
Potential Reasons for Grace Period Denial
USCIS and DHS may deny or shorten the 60-day grace period based on:
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Fraud or misrepresentation
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Unauthorized employment
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Accrued unlawful presence
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Criminal charges
The United States Citizenship and Immigration Services (USCIS) may grant a grace period under certain conditions, detailing the implications for beneficiaries who resign from their jobs or find themselves facing employment termination. These immigration services are crucial for understanding the policies and procedures that affect H-1B and TN visa holders.
Be cautious: Accruing over 180 days of unlawful presence can trigger a 3-year reentry ban, and over 365 days results in a 10-year ban.
Can You Travel During the Grace Period?
No. International travel during the 60-day grace period will terminate your status. You won’t be allowed to reenter unless you:
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Obtain a new visa stamp
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Have a valid, approved petition with a new employer
Spouses and Dependents (H-4 Status)
If your spouse is on H-4 status:
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Their status remains valid as long as your H-1B status is valid (including the grace period)
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If your spouse has a valid EAD, they can continue working during the 60-day period
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File Form I-765 for work authorization if your spouse qualifies
More info: H-4 EAD Guide
Frequently Asked Questions: The 60-Day Grace Period After H-1B and Other Work Visa Termination
1. What is the 60-day grace period?
The 60-day grace period allows certain nonimmigrant workers who lose their jobs to remain in the U.S. for up to 60 consecutive calendar days without being considered out of status, giving them time to find new employment, change status, or make other arrangements.
2. Which visa categories are eligible for the 60-day grace period?
Eligible visa classifications include:
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H-1B (Specialty Occupation)
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H-1B1 (Chile/Singapore Free Trade)
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O-1 (Individuals with Extraordinary Ability or Achievement)
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L-1 (Intra-Company Transferee)
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E-1, E-2, E-3 (Treaty Traders, Investors, and Specialty Occupation Professionals from Australia)
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TN (NAFTA/USMCA Professionals)
3. Does the grace period automatically start after termination or resignation?
Yes. The 60-day grace period begins the calendar day after your last day of employment (regardless of whether you resigned or were terminated).
4. Do weekends and holidays count in the 60-day grace period?
Yes. The grace period is 60 consecutive calendar days, including weekends and holidays.
5. Can I work during the 60-day grace period?
No. You are not authorized to work during the grace period unless a new employer files a petition (e.g., H-1B transfer) and it is received by USCIS within the 60 days, allowing you to begin working based on portability provisions.
6. Can I leave and re-enter the U.S. during the grace period?
Generally, no. If you leave the U.S. during the grace period and try to re-enter, you may face difficulty unless you have a valid visa stamp and new approved petition. Re-entry without employment may be considered a violation of your visa intent.
7. Can I transfer my H-1B or other work visa to a new employer during the 60-day period?
Yes, if the new employer files a new petition and USCIS receives it within the grace period, you can begin working upon receipt if you’re on an H-1B.
8. Can I file for a change of status (e.g., B-2 tourist, F-1 student) during the grace period?
Yes. You may apply to change status during the grace period, but your application must be received by USCIS before the 60th day. Approval is not guaranteed, and timing is critical.
9. What happens if I don’t take action within the 60 days?
If you do not secure new employment, change status, or leave the U.S. within 60 days (or the expiration of your I-94, whichever is earlier), you begin accruing unlawful presence, which can lead to future immigration penalties.
10. Is the grace period shorter than 60 days in some cases?
Yes. If your I-94 expires before the 60-day period ends, your grace period ends on the I-94 expiration date. The grace period never extends your authorized stay.
11. Can I start a business or work on my own startup during the grace period?
You can explore starting a business, but you cannot work for the business unless you change to an appropriate status (e.g., file for H-1B with your own startup as the employer, with proper structure).
12. Can I file multiple petitions or applications during the grace period?
Yes. You can have multiple petitions or change of status applications filed by different employers. The first petition approved will determine your next lawful status.
13. Can I file a change of status to dependent status (e.g., H-4, L-2)?
Yes, if you have a qualifying spouse on a valid visa. USCIS must receive your change of status application within the 60-day window.
14. Does severance pay affect the start of the grace period?
No. The grace period starts after your last day of active employment, not the last day you receive severance or remain on payroll.
15. What documents do I need to show I’m within the 60-day grace period?
Keep:
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Termination/resignation letter
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Last pay stubs
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I-797 approval notice
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I-94 record These can help demonstrate eligibility for the grace period when filing a new petition or application.
16. Is there a formal application required to use the 60-day grace period?
No. The grace period is automatic, but USCIS will consider whether you meet the requirements only when you file a petition or application during or after that period.
17. Can the 60-day grace period be extended or paused?
No. The grace period is fixed and cannot be extended, paused, or reinstated.
18. Can USCIS deny my new petition even if it was filed during the grace period?
Yes. USCIS reviews the entire record, including whether you maintained status. Filing during the grace period does not guarantee approval.
19. Does the 60-day grace period apply more than once per visa validity period?
No. USCIS guidance states the grace period can be used only once per authorized validity period (e.g., per H-1B approval period).
20. Can I travel internationally during the grace period and re-enter to start work with a new employer?
Possibly, but it’s risky. You would need a valid visa and a new I-797 approval from the new employer. CBP officers may deny entry if they suspect you are not maintaining status.
21. What if I’m terminated while on H-1B and my spouse is on H-4 EAD? Can I switch to H-4?
Yes, you may apply to change to H-4 dependent status. You must file before the end of the grace period. However, you cannot work until H-4 is approved and you also receive H-4 EAD approval, if applicable.
22. Can I file for adjustment of status (green card) during the grace period?
You can file if you’re eligible and the timing works (e.g., PERM and I-140 already approved with current priority date), but it is uncommon. Most adjustment applications follow ongoing lawful employment or other statuses.
23. What if I am on STEM OPT and my H-1B is revoked before October 1? Do I get a grace period?
No. The 60-day grace period applies only to certain nonimmigrant work visas. F-1 STEM OPT holders have different rules and may not get a full 60-day grace period if H-1B is revoked before the change of status takes effect.
24. If I file a change of status to B-2 but haven’t heard back after 60 days, am I still legal?
Yes, if the change of status application was timely filed and is pending, you are generally allowed to remain in the U.S. until USCIS makes a decision.
25. Can I use premium processing to expedite a change of status or H-1B transfer during the grace period?
Yes, if the visa type is eligible for premium processing, you may use it to get faster decisions.
26. Can I apply for unemployment benefits during the grace period?
It depends on your state laws and eligibility rules. Most visa holders, including H-1B, are not eligible for unemployment insurance, as it typically requires permanent work authorization.
27. What if I am pregnant or sick? Can I apply for a humanitarian-based extension?
In rare cases, you might apply for discretionary relief like a humanitarian extension or change of status, but approval is uncertain. Consult with an immigration attorney.
28. How do I check the exact date my grace period ends?
Count 60 calendar days from your last day of work, or until your I-94 expiration, whichever comes first. Tools like online date calculators can help you track it accurately.
29. Will staying beyond the grace period affect future visa or green card applications?
Yes. Overstaying can lead to unlawful presence, visa denials, or difficulties obtaining future U.S. immigration benefits. Always act before the grace period ends.
30. Should I consult an immigration attorney during my grace period?
Yes. Because options vary based on your visa, goals, and timing, an immigration attorney can help you make the best use of the 60-day window.
Can I use the grace period if I quit? Yes. The rule does not distinguish between layoff and resignation. However, you may be subject to DHS discretion, so it’s best to consult with an attorney.
Can I use the 60-day period more than once? Only once per visa petition. If you switch employers and get a new petition, you’re eligible again.
When can I start working with a new employer? After the H-1B transfer petition is filed and USCIS issues a receipt (Form I-797).
What if I don’t find a new job in time? You must leave the U.S. before the 60-day period ends to avoid falling out of status.
Can I apply for a tourist visa (B-2) while on H-1B? Yes, you can file for a change of status to B-2 using Form I-539 during the grace period.
31. What are the restrictions on B-1 and B-2 nonimmigrant visitors in the U.S.?
B-1 and B-2 nonimmigrant visitors are explicitly prohibited from engaging in any type of skilled or unskilled labor. These visitors are allowed to participate in activities such as tourism, social visits, and certain business activities, but they cannot work in the U.S. in any capacity. This restriction highlights the legal limitations on employment options available to B-1 and B-2 visa holders.
Final Tips and Takeaways
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Act quickly—within 60 days or before your visa expires
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Don’t start a new job without proper authorization
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Use premium processing when available to speed things up
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Talk to an immigration attorney to plan your best move
Don’t Let Uncertainty Turn Into a Missed Opportunity. Take Control of Your Next Steps.
Losing a job while on a work visa is more than just a career setback—it’s a legal and life-altering event. The 60-day grace period may seem like a cushion, but in truth, it’s a narrow window with high stakes. Every day counts. Whether you’re exploring a change of employer, adjusting your status, or considering departure, what you do next can shape your future in the U.S.
That’s why you shouldn’t navigate this alone.
Need Help? Talk to an Immigration Attorney
Grace period issues are complex and fact-specific. If you’re facing job loss, schedule a consultation with an immigration expert to discuss options such as:
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Employer transfer
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Adjustment of status
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Grace period challenges
At the Herman Legal Group, we understand the anxiety, the deadlines, and the dreams on the line. With over 30 years of experience helping immigrants in crisis and transition, we provide not just legal solutions, but clarity, strategy, and peace of mind.
We’ve helped thousands of professionals like you preserve their status, pivot to new opportunities, or plan for a successful return—on their terms. If your career or immigration path is in jeopardy, let’s create a plan that gives you options, not regrets.
The clock is ticking. Let’s talk—before it runs out.
Contact the Herman Legal Group today. Call 216-696-6170, or schedule your consult online.
Find an Immigration Lawyer Near You:
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Helpful Resources
More Resources and Tools
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Resource |
Link |
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USCIS Case Status Tracker |
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Form I-129, Petition for a Nonimmigrant Worker |
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Form I-539, Change of Status |
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Form I-765, Employment Authorization |
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USCIS Policy Manual (Portability) |
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Department of Labor LCA Tool |
