H-1B layoff
Laid off on an H-1B? Your options in the 60-day grace period
A layoff starts a clock, not a countdown to leaving. Here is how the grace period works, the options that can keep you in the US, and what to do this week.
Last checked October 2026 · Sources
- Grace period
- Up to 60 days, once per validity period
- Work during grace period
- Not allowed
- New H-1B job
- Can start once the petition is filed
- Applies to F-1 OPT?
- No
Quick answer
What happens if I am laid off on an H-1B?
Under 8 CFR 214.1(l)(2), you may get up to 60 days in a row, or until your authorized validity period ends if sooner. You cannot work during it. Before it ends, a new employer can file an H-1B petition, you can file to change status, or you can leave. The grace period does not apply to F-1 OPT.
- The clock runs from when your job ends. Confirm that exact date first.
- A new H-1B employer can file, and you can start work once it is filed.
- O-1, EB-1A and EB-2 NIW are options if your record is strong.
- DHS can shorten or eliminate the grace period in its discretion.
Your options
H-1B layoff options at a glance
Most options must be filed before the grace period ends. Which one fits depends on your record, your family and your green card stage.
| Option | Who it fits | What it does | Our legal fee |
|---|---|---|---|
| New H-1B employer (H-1B transfer) | You have a new job offer in a specialty occupation | You can start the new job when the petition is filed, if you have not worked without authorization | Quoted on request |
| Change of status | You qualify for another status, for example H-4 through a spouse or F-1 to study | You stay in the US in the new status if USCIS approves | Quoted on request |
| O-1A | You may meet the O-1A test: a major award, or 3 of 8 criteria | A US employer or agent files. No lottery. | From $6,999 flat |
| EB-1A or EB-2 NIW | Strong record, or an advanced degree with work of national importance | Green card petitions you file yourself. They do not by themselves give you status or work permission. | EB-1A from $8,995. NIW from $7,995. |
| Compelling circumstances EAD | You have an approved EB-1, EB-2 or EB-3 I-140, your priority date is not current, and you file while in H-1B status or your grace period | A 1-year work permit, if USCIS finds compelling circumstances. Not for anyone with a felony or 2 or more misdemeanors. | Quoted on request |
| Leave the US | No option fits in time | You leave in time and can return later on a new petition or visa | None |
Sources: grace period, 8 CFR 214.1(l)(2)(2)); filing during it, 8 CFR 214.1(l)(3)(3)); portability, 8 CFR 214.2(h)(2)(i)(H)(2)(i)(H)); compelling circumstances EAD, 8 CFR 204.5(p)). O-1A and green card fees are flat fees for our services, not government fees.
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Who gets it
E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers, and their dependents. Not F-1 students on OPT.
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How long
Up to 60 days in a row, or until your authorized validity period ends, whichever is shorter. You get it once per validity period.
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No work
You cannot work during the grace period unless you have other work permission.
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Not guaranteed
DHS may shorten or eliminate it as a matter of discretion.
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OPT is different
On post-completion OPT you have unemployment limits instead: 90 days, or 150 in total with a STEM extension (8 CFR 214.2(f)(10)(ii)(E)(10)(ii)(E))).
USCIS has archived its page Options for Nonimmigrant Workers Following Termination of Employment and marks it out of date. The regulations above still apply.
Act now
What to do this week
Practical guidance, not legal rules. Speed matters most, because a petition takes time to prepare.
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Write down your dates
Day 1Your last day of employment, your I-94 end date and your petition end date. The grace period ends after 60 days or at the end of your authorized validity period, whichever is first. An attorney confirms your exact date.
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Get your documents
Day 1Pay stubs, your I-797 approvals, I-94, passport and any I-140 approval notice. Pay stubs help show you kept status up to your last day.
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Ask your employer two questions
Day 2Will it pay for your return trip? An employer that dismisses an H-1B worker early is liable for reasonable return transportation costs (8 CFR 214.2(h)(4)(iii)(E)(4)(iii)(E))). Is your I-140 approved?
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Push job offers toward filing
Days 2 to 5Tell recruiters you need an H-1B petition filed within your grace period. Ask about premium processing.
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Check O-1A, EB-1A and NIW
Day 3Frank’s free evaluation scores your resume against each criterion in minutes. No account or card.
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Talk to an attorney
This weekA partner-firm attorney maps your options to your dates and your family’s status.
FAQ
Questions people ask
Up to 60 days in a row, or until your authorized validity period ends, whichever is shorter. You need to file for a new status, have a new petition filed, or leave within that time.
No. The rule in 8 CFR 214.1(l)(2) covers E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN. OPT has its own unemployment limits of 90 days, or 150 with a STEM extension.
Usually yes. Under H-1B portability you can start once the new employer properly files, or on the requested start date if later. You must not have worked without authorization since your last admission.
No, unless you have separate work permission, for example a valid EAD.
It can. If your priority date is not current, you may apply for a compelling circumstances EAD. You must file while still in status or in your grace period. USCIS decides case by case (8 CFR 204.5(p))).
Yes. EB-1A and EB-2 NIW do not need an employer. But the I-140 alone does not keep you in status, so you usually need another status too. See green card without an employer sponsor.
See if O-1A, EB-1A or NIW fits you
Upload your resume and see where you stand, criterion by criterion. No account or card. A partner-firm attorney confirms eligibility before anything is filed.
Sources · checked October 2026
- 8 CFR 214.1(l): Period of stay and 60-day grace period (eCFR)
- 8 CFR 214.2(h)(2)(i)(H) H-1B portability, (h)(4)(iii)(E) return transportation, (f)(10)(ii)(E) OPT unemployment (eCFR)
- 8 CFR 204.5(p): Compelling circumstances employment authorization (eCFR)
- USCIS, Options for Nonimmigrant Workers Following Termination of Employment (archived, last updated 01/24/2025)
- USCIS, H-1B Specialty Occupations (updated 09/21/2026)
- USCIS, How Do I Request Premium Processing? (updated 03/23/2026)
This page is general information, not legal advice. Rules and fees change; a partner-firm attorney confirms what applies to you before anything is filed.
