H-1B grace period: 60 days after layoff
US federal rules as of October 30, 2026. Sources re-checked against official pages on October 30, 2026. Where a figure could not be confirmed, this page links the official source instead of stating it.
After a layoff or job loss, your H-1B grace period lets you stay in the US for up to 60 consecutive days, or until your authorised stay ends if that is sooner (USCIS H-1B page, checked 2026-10-30). During that time you can look for a new sponsor, change status or leave. Regulation: 8 CFR 214.1(l)(2).
This is a summary, not advice.
What can I do in the 60 days?
- Have a new employer file a petition for you (see H-1B transfer).
- Apply to change to another status, such as B-2 or F-1, if you qualify.
- Apply for an adjustment of status if you are eligible.
- Depart the US.
Do I get paid or work in the grace period?
The grace period lets you remain in the US. It does not by itself authorise you to work for a new employer until a qualifying petition is filed.
What starts the clock?
The day after your employment ends, not the date you were told of the layoff. Employer duties on termination, such as notifying USCIS and return transportation, are set in the regulations; ask an attorney.
What should I do on day one?
- Get a termination date in writing.
- Note your authorised stay end date on your I-94.
- Start applying and tell recruiters you need a transfer.
- Speak to a licensed immigration attorney early.
What does USCIS say about the 60-day grace period?
USCIS's page on options after termination of employment (marked by USCIS as archived content that may be out of date, so check it with your attorney) explains the following. These rules are in 8 CFR 214.1(l)(2).
| Question | USCIS answer |
|---|---|
| Who gets it? | Workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN classification and their dependents |
| When does it start? | The day after employment ends, which is typically the last day for which a salary or wage is paid |
| Does quitting count? | Yes, it may apply to voluntary and involuntary cessation of employment |
| How often? | Once during each authorized employer petition validity period |
| What if I leave the US? | It ends on any departure from the United States |
| Can I work? | Employment is prohibited unless otherwise authorized |
| How do I ask for it? | USCIS decides during a later filing, and filers should state in a cover letter that they request the grace period |
What actions keep you in a period of authorized stay?
USCIS lists four: file an application to change nonimmigrant status; file an application for adjustment of status; file an application for a "compelling circumstances" employment authorization document; or be the beneficiary of a non-frivolous petition to change employer. If one is filed within the grace period, USCIS says the period of authorized stay can exceed 60 days. If you take no action, you and your dependents may need to depart within 60 days or when your authorized validity ends, whichever is shorter.
H-1B portability during the grace period
USCIS says an eligible H-1B worker may begin working again as soon as a new employer properly files a new H-1B petition, without waiting for approval. A worker moving to another classification must wait for approval before starting. The USCIS H-1B page says your employer is liable for the reasonable costs of your return transportation if it ends your employment before your authorized stay ends, and not if you resign voluntarily.
What about my spouse?
USCIS says if your spouse has an EAD or is employment authorized incident to status, that authorization remains valid during the grace period. A spouse holding an H-4 EAD should keep the card and ask an attorney about the details.
What if I am on OPT?
USCIS says the grace period does not apply to F-1 OPT. F-1 status on post-completion OPT depends on employment: no more than 90 days of unemployment in total, or 150 days across OPT and the STEM extension. See OPT unemployment rules.
Common mistakes
- Treating 60 days as automatic permission to stay no matter what. USCIS says it is discretionary.
- Leaving the US during the 60 days without a plan. The grace period ends on departure.
- Waiting until day 55 to talk to an attorney.
- Starting a new job in a non-H-1B category before it is approved.
FAQ
Is the grace period 60 days every time? USCIS says up to 60 consecutive days, or until your authorised stay ends if that is sooner. Whether you can use it again depends on your facts; ask an attorney.
What if my H-4 spouse is affected? Dependents' status generally follows yours. Confirm for your case.
Can I find a sponsor on LiveRec? Use the sponsorship filter and say you need a transfer.
If I am rehired by the same employer? USCIS says if your petition with that employer is still valid and you are rehired in the same position, you may resume work with no further action. A new or changed position may need an amended or new petition.
What if I was outside the US when I was terminated? USCIS says the grace period does not apply if you are terminated outside the US with no notice period, or the notice period ends before you can return. Ask an attorney.
Does the employer have to tell USCIS? The regulations set employer duties on termination. Ask an attorney.
Next step: Search roles that sponsor H-1B.
Related guides
Sources
- USCIS, options for nonimmigrant workers following termination of employment, https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/options-for-nonimmigrant-workers-following-termination-of-employment, accessed 31 October 2026
- 8 CFR 214.1(l)(2) (60-day grace period), https://www.ecfr.gov/current/title-8/section-214.1, live official page, linked for readers; link checked 2026-10-30, no figure is taken from it
- USCIS, H-1B specialty occupations, https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations, checked 2026-10-30
This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.