H-1B Grace Period: Your Rights After Losing Your Job
— Key Takeaways H-1B workers generally have a 60-day grace period after employment ends to find a new employer, change status, or depart the U.S. You may transfer your H-1B to a new employer during the grace period under H-1B portability rules — the new employer must file a new H-1B petition. You may also apply to change to a different nonimmigrant status (such as B-1/B-2 visitor status) during the grace period. H-4 dependents are directly affected by the principal H-1B holder’s status change — they should also take action to maintain lawful status. H-1B wage level requirements are important because your employer must pay you the required wage for your position; failure to do so can affect your status. Losing your job is stressful for anyone, but for H-1B visa holders, it comes with an additional layer of anxiety: What happens to your immigration status? Under federal regulations, H-1B workers who are terminated or laid off have a 60-day grace period to take action — whether that means finding a new employer to sponsor you, changing to a different visa status, or making arrangements to depart the United States. Understanding your rights during this critical window can make the difference between maintaining lawful status and falling out of status. This guide explains the 60-day grace period rules, your options during the grace period, the impact on your dependents, and how H-1B wage level requirements factor into your employment. What Is the H-1B 60-Day Grace Period? The 60-day grace period is provided under 8 CFR § 214.1(l)(2). This regulation allows H-1B workers (and other nonimmigrant workers in certain classifications) a period of up to 60 days to remain in the United States after their employment has been terminated, either voluntarily or involuntarily. Key details about the grace period: Duration: Up to 60 days from the date of termination, or until the end of your authorized H-1B validity period, whichever comes first. Automatic: The grace period begins automatically when your employment ends. You do not need to apply for it or receive approval. One per authorized validity period: You are entitled to one 60-day grace period per authorized validity period. If you have already used the grace period during your current H-1B validity, you may not receive another one. No work authorization: You are NOT authorized to work during the grace period (unless you have filed an H-1B transfer with a new employer — see the portability section below). The regulation applies to certain nonimmigrant classifications including E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, O-2, and TN. For the full regulatory text, refer to the USCIS Policy Manual. What You Can Do During the Grace Period The 60-day grace period is a limited but valuable window. Here is what you can do: 1. Find a New H-1B Employer (H-1B Transfer) The most common action is to seek a new employer willing to file an H-1B petition on your behalf. Under H-1B portability provisions, you can begin working for the new employer as soon as the new H-1B petition is filed (not approved). This is often the fastest path to maintaining H-1B status. 2. Change to a Different Nonimmigrant Status If you are unable to find a new H-1B sponsor within the grace period, you may apply to change to another nonimmigrant status, such as: B-1/B-2 visitor visa: This allows you to remain in the U.S. temporarily while you make travel arrangements or explore other options. Note that B-1/B-2 status does not include work authorization. F-1 student visa: If you plan to return to school, you may be eligible to change to F-1 status. Other work visa: If you qualify for a different work visa category (O-1, L-1, etc.), you may file a change of status. 3. Self-Petition for a Green Card If you qualify, you may file a self-petition such as the EB-2 National Interest Waiver (NIW) or EB-1A extraordinary ability petition. While these do not provide immediate work authorization, filing during the grace period can be an important step in your long-term immigration strategy. 4. Prepare to Depart the United States If none of the above options are available, you should make arrangements to depart the U.S. before the 60-day grace period expires to avoid accruing unlawful presence. H-1B Portability: Changing Employers H-1B portability (under INA § 214(n) and the AC21 Act) allows an H-1B worker to change employers without waiting for the new petition to be approved. This is one of the most important protections available to H-1B workers and is especially critical during the grace period after a job loss. Requirements for H-1B Portability To take advantage of H-1B portability, the following conditions must generally be met: You must be in valid H-1B status (or within the 60-day grace period) at the time the new petition is filed. You must not have worked without authorization in the United States. The new employer must file a non-frivolous H-1B petition (Form I-129) on your behalf. The new employer must have obtained a certified LCA from the Department of Labor for the new position. Once the new H-1B petition is filed, you may begin working for the new employer immediately, even before USCIS adjudicates the petition. This means time is of the essence — the new petition must be filed while you are still within the grace period. Tips for a Successful H-1B Transfer Start looking for a new employer immediately after learning of the job loss. Work with an immigration attorney to ensure the new petition is properly prepared and filed quickly. Maintain documentation of your employment termination date, as this establishes the start of the 60-day grace period. If possible, negotiate a later termination date with your current employer to extend your grace period. Changing to a Different Visa Status If finding a new H-1B employer within 60 days is not feasible, changing your nonimmigrant status may provide additional time in the United States. Change to B-1/B-2 Status The most common alternative is to file Form I-539 (Application