If you're laid off on an H-1B, USCIS says you may have up to 60 consecutive days, or until the end of your authorized stay if that comes first, to find new employment, change status or leave the US. In practice, that means confirming your exact last day this week, booking an immigration attorney, and pursuing a new employer's petition while you prepare a backup option. Being laid off doesn't mean you did anything wrong, and many people in this position stay in the US by acting early.
This is general information checked on official USCIS sources as of October 2026. It is not immigration advice, and immigration rules and USCIS practice have been changing in 2025 and 2026. Your options depend on your own history, so speak to a qualified immigration attorney before you file anything or travel. For the non-visa parts of a layoff, see our hub on what to do after a tech layoff.
How long is the H-1B grace period after a layoff?
The grace period comes from a federal regulation, 8 CFR 214.1(l)(2), and USCIS's H-1B Specialty Occupations page describes it as of October 2026. The key points:
- Up to 60 consecutive calendar days after your employment ends, or until the end of your authorized validity period, whichever is shorter. Check your I-94 record for that end date.
- It's discretionary. The regulation lets DHS shorten or eliminate it, so treat 60 days as the most you might get, not a guarantee.
- Once per validity period. It's available once during each authorized validity period.
- No work during the grace period unless you're otherwise authorized, for example through the H-1B portability rule below.
- Leaving the US ends it. USCIS has said the grace period ends on any departure from the United States.
- It's not just H-1B. The same rule covers E-1, E-2, E-3, H-1B1, L-1, O-1 and TN workers and their dependents.
When does the clock start? USCIS's earlier guidance said the period starts the day after employment ends, typically based on the last day you were paid salary or wages. If your company is paying you through a notice period, garden leave or salary continuation, ask HR for your official termination date in writing and ask your attorney which date counts in your case.
What are my options when laid off on an H-1B?
USCIS has described four main ways to stay in an authorized period of stay after a job ends, plus leaving. Not every option allows you to work. This table summarizes them as of October 2026:
| Option | What it involves | Key condition | Can you work? |
|---|---|---|---|
| New employer files an H-1B petition | A new employer files a petition with a request to extend your stay | Filed before your grace period ends; needs a certified Labor Condition Application | Yes, under H-1B portability you may start once the petition is properly filed |
| Change to dependent status | For example H-4 if your spouse holds H-1B status | Your spouse's status, and a timely application | Only if separately authorized |
| Change to student status | Change to F-1 to study | Admission to an eligible program and a timely application | Only within student work rules |
| Change to visitor status | Change to B-2 while you search | A timely application; see the caution below | No |
| Adjustment of status | Apply for a green card (Form I-485) if you're eligible to file now | Usually a current priority date; some self-petition categories can file it together with the immigrant petition | You can apply for work authorization while it's pending |
| Compelling circumstances EAD | A discretionary work permit for up to one year | An approved I-140, no immigrant visa available yet, and compelling circumstances | Yes, once approved |
| Leave the US | Depart within the grace period | Your employer must pay reasonable return transportation if it ended your job early | Not in the US |
A few notes on these options:
- The cap usually isn't a problem for a transfer. USCIS says that if you were previously counted against the H-1B cap, you won't become subject to the cap again during the same H-1B validity period. That's why a new employer can generally file for you without the annual lottery. Your attorney should confirm this for your history.
- Visitor status is under more scrutiny. USCIS archived its longer "options after termination" guidance page in 2026. The Immigration Policy Tracking Project reports that practitioners have seen more requests for evidence and denials of these B-2 applications since early 2026. Don't rely on it without current advice.
- The $100,000 payment. A September 2025 presidential proclamation added a $100,000 payment for certain new H-1B petitions. As of October 2026, USCIS says it doesn't apply to a granted change of status, amendment or extension of stay for someone inside the US. It can apply if that request is denied. USCIS also notes that a federal court vacated related agency guidance. This is one more reason to stay in status and file from inside the US where you can. Check the USCIS page for the latest position.
A 60-day plan after an H-1B layoff
This is our suggested timeline, not a legal one. If your I-94 end date is sooner than 60 days away, compress it.
| When | Focus | Actions |
|---|---|---|
| Days 1 to 3 | Facts and documents | Get your termination date in writing; gather approval notices (I-797), your I-94, recent pay stubs, the layoff letter and any I-140 approval; book an attorney consultation |
| Days 3 to 14 | Targeted search | Focus on employers that sponsor H-1B transfers; ask for referrals; tell recruiters early that you need a transfer petition |
| Days 14 to 40 | Interviews and a backup | Interview, ask any offering employer how quickly it can file, and have your attorney prepare a backup filing |
| Days 40 to 50 | Decision point | If no petition is close to being filed, decide on the backup option with your attorney and file it in time |
| By day 60 (or your I-94 end date) | Filed or departing | Make sure something is properly filed, or plan your departure |
If your spouse or children hold dependent status, plan for them at the same time; their status generally depends on yours.
What should I ask my employer and attorney?
Ask your employer, in writing:
- What is my official termination date, and through what date am I paid?
- Has my I-140 been approved, and does the company plan to withdraw it or my H-1B petition?
- Will the company pay reasonable return transportation if I decide to leave the US? The severance negotiation tips guide covers other terms to raise, and the separation date is one to discuss with your attorney before you agree to it.
- Can I have copies of my immigration documents and recent pay records?
Ask your attorney:
- Which date starts my grace period, and when exactly does it end?
- Which option is the strongest backup for me, and what's the latest safe date to file it?
- Can I travel abroad, and what happens to my options if I do?
- Does anything in my history (for example, a past grace period or status gap) change the picture?
Job hunting on a 60-day clock
Time is the scarce resource, so be selective. Prioritize companies that have sponsored H-1B workers before and roles where you're a close match, because a clean, fast process matters more than a perfect title. Referrals help most here; our guide to asking for referrals after a layoff has templates. Tell recruiters in your first conversation that you need an H-1B transfer and roughly how many days you have. Hiding it only wastes the days you can least afford.
You'll also need to answer "why did you leave?" briefly and without drama. A layoff answer plus a sponsorship line might sound like this example we wrote: "My team was cut in a company-wide reduction last month. I'm on an H-1B, so I'd need a transfer petition, and I can start as soon as it's filed." Our guide on how to explain a layoff in an interview covers the rest.
Because you may get several interviews close together, get your skills warm in the first week rather than waiting for the first invite. The coding interview practice tools and the free browser AI mock interview let you rehearse out loud.
Do I have to leave the US if I don't find a job within 60 days?
If nothing is filed and the grace period ends, you and your dependents would generally need to leave within the grace period or by the end of your authorized stay, whichever is shorter. Staying past that can create unlawful presence, which can affect future visas. Leaving isn't the end of the road: a future employer can file a new petition and you can apply for a visa from abroad, though the $100,000 payment question above may apply to petitions for people outside the US. Get attorney advice before you leave so you understand what returning would involve.
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How many days do I have after being laid off on an H-1B?
USCIS says you may have up to 60 consecutive days, or until the end of your authorized validity period if that is sooner, to find new employment, change status or leave. The grace period is discretionary, is available once per validity period, and ends if you leave the US.
Can I work during the H-1B grace period?
Not unless you are otherwise authorized. The main exception is H-1B portability: once a new employer properly files an H-1B petition for you, you may generally start working for that employer without waiting for approval.
Does a new employer need to enter the H-1B lottery for me?
Usually not. USCIS says that if you were previously counted against the H-1B cap, you will not become subject to the cap again during the same H-1B validity period. Ask your attorney to confirm this based on your history.
Does the $100,000 H-1B payment apply if I change employers?
As of October 2026, USCIS says the September 2025 proclamation does not apply to a granted change of status, amendment or extension of stay for someone inside the US, but it can apply if that request is denied. A federal court has vacated related guidance, so check USCIS and an attorney for the current position.
Does my employer have to pay for my flight home?
USCIS says that if your employer ends your employment before the end of your authorized stay, it is liable for the reasonable costs of your return transportation. That obligation does not apply if you resign voluntarily.
Should I change to B-2 visitor status after an H-1B layoff?
It has been used as a bridge while job hunting, but USCIS archived its related guidance page in 2026 and practitioners report more scrutiny of these applications. Talk to an immigration attorney about current practice before choosing it.