H-1B Grace Period After Layoff: Your 60-Day Clock, NTA Risks & Options (2026)

Getting laid off is never easy, but the current U.S. job market and political climate make it more stressful than ever. For H-1B workers experiencing a layoff, you likely have up to 60 days from your last day of employment to take action, but that grace period may end sooner. Here’s what you need to know about maintaining or changing your status, and whether you’ll be able to remain in the U.S.

What is the H-1B grace period?

The H-1B grace period lasts up to 60 days, allowing many visa holders to stay in the U.S. after a job ends and before needing to take the next immigration step. If the end of your current H-1B validity period is less than 60 days, your grace period will end at the same time instead of lasting a full 60 days.

But the grace period is not something you should rely on. While it can give you time to find a new employer, apply for a different status, or leave the country before you face bigger immigration problems, it is also limited. It does not go past your current authorized stay, and you should make your next move as quickly as possible.

Another key point to note is that the federal regulation establishing the grace period also says it’s discretionary. The Department of Homeland Security (DHS) can shorten or even eliminate the grace period at any time.

When does the 60-day grace period start?

The H-1B grace period starts on your last day of work, even if you receive severance pay or garden leave. It also doesn’t extend beyond your visa expiration. So if, for example, your period of authorized stay expires 25 days after job loss, the grace period to keep your H-1B status will be 25 days (not 60). Check your latest Form I-94 to know your departure date.

Can you reenter the U.S. during your grace period?

If you leave the U.S. during the H-1B grace period, it ends and you cannot re-enter the country using your previous H-1B visa status. The grace period is intended as a chance for you to depart the country or change status, so it ends as soon as you leave.

What you can do during the 60-day grace period

If you’ve been laid off from an H-1B and your 60-day grace period has already started, you still have options.

• Transfer your H-1B to a new employer. To transfer your H-1B, a new employer must file a Form I-129 based on your new job before the grace period ends. In many cases, portability allows you to begin working once that petition is properly filed, without waiting for final approval. You typically don’t have to go through the H-1B lottery again if you were already counted against an H-1B cap.
• Apply for a change of status. Eligible visa holders can apply for another type of visa to maintain valid status. Examples include an F-1 student visa or a B-1/B-2 visitor visa. Many other types of work visas don’t have lotteries like the H-1B.
• File for adjustment of status. This can be a powerful option after a layoff, but it’s only an option if you’re in the Green Card process and eligible to file an adjustment of status. With a pending I-485, you can remain in the U.S. in a period of authorized stay and apply for a work permit. In an employment-based case, you generally need an approved Form I-140 and a current priority date to adjust status. You also can’t travel before getting advance parole, or USCIS may treat the case as abandoned.
• Depart the U.S. to avoid unlawful presence. This may be the safest option if you’re unable to move forward with another filing during your grace period. If you were already counted against the H-1B cap, you may be able to return later through a new employer petition without going through the lottery again. You will likely need consular processing or a valid visa stamp to re-enter the U.S.

3 steps to take immediately after losing your H-1B job

While layoffs are common in several sectors of the U.S. economy right now, technology, science, and finance have been hit particularly hard. Competition for H-1B-sponsored roles in those fields has always been fierce, and it’s even stronger now that jobs are more limited.

Here are a few tips for anyone who’s facing a layoff while on the H-1B visa.

1. Find your Form I-94 expiration date

The H-1B grace period won’t extend past your authorized stay in the U.S. Make sure you know the exact date on your Form I-94, since that governs your lawful presence. Check it right away at the CBP I-94 website and save a copy for your records. Even outside of layoffs, you’ll need to track this date to extend your status in time.

The I-94 that prevails depends on your last action. For example, if you received an I-94 upon being processed by CBP and entering the U.S., then that is your most recent I-94. But if you receive an extension and a new I-94 is provided on your I-797, that’s the one that prevails.

2. Look for new employers who understand the H-1B process

Not every company is prepared to move quickly on sponsorship. Focus your job search on employers with a track record of filing H-1B petitions. They’ll be able to act fast on a change of employer petition. If you’re interviewing, ask early whether the company has handled H-1B transfers before and whether immigration counsel is ready to move quickly.

3. Create a backup plan sooner rather than later

Don’t wait until the end of your grace period—or even until after your last day of work—to think about what’s next. Explore whether you qualify for other visa pathways, such as O-1, EB-2 NIW, or even F-1 for study. In some cases, the best option after a layoff involves a temporary departure and reentry strategy. A consultation with an immigration attorney early in the process can help you compare timelines, risks, and filing requirements before your grace period runs out.

What happens after your H-1B grace period ends?

If an H-1B worker fails to take action to timely file a new qualifying petition to maintain or change their status within the 60-day grace period, or otherwise leave prior to the end of the prescribed grace period, there could be serious consequences that affect future visa eligibility.

If you stay in the U.S. after your grace period ends without making a new filing or establishing another basis to remain, you may begin accruing unlawful presence, which can lead to reentry bans. Unlawful presence generally starts after the departure date on your I-94 record or after the grace period ends following the loss of an H-1B job without a timely filed qualifying petition to change or extend status, whichever comes first.

Accruing unlawful presence can have long-lasting consequences:

• Accruing between 180 days and one year of unlawful presence could result in a three-year ban from reentering the U.S.
• Accruing one year or more of unlawful presence could result in a 10-year ban from reentering the country.

What is a Notice to Appear (NTA), and what should I do if I get one?

An NTA is DHS’s formal charging document that starts removal proceedings (deportation). Receiving one means the government considers a visa holder to be out of legal status.

It’s critical to take an NTA seriously if you receive one and seek legal advice from an experienced immigration attorney right away. Failing to respond can lead to an order of removal and long-term immigration consequences.

Henry Lindpere, Senior Immigration Attorney at Manifest Law explains: “We’ve seen people with expired I-94s in the CBP system getting NTAs while in their 60-day grace period. That includes people who entered the U.S. a long time ago, possibly in a different status, and then subsequently applied for a change or extension with USCIS. We have not seen NTAs being issued to people with more recent entries or newer H-1Bs. But things are changing fast, so I would recommend people file for an H-1B transfer or a change to a different status as soon as possible after a layoff.”

Recent news on NTAs for H-1B visa holders

Recent USCIS guidance around NTAs potentially means more NTAs during H-1B grace periods:

• In February 2025, USCIS issued a policy alert on Notices to Appear (NTAs) that expands USCIS discretion to initiate removal proceedings when petitions or applications are denied or when status has lapsed.
• Later in 2025, USCIS updated its guidance for H-1Bs who’ve been laid off by adding a warning to the top of its page to say the information was out of date. While no new guidance around the grace period has been published, social media posts following these changes suggest that some people are receiving NTAs even during their grace period.

Looking beyond the H-1B 

The H-1B isn’t your only option for working in the U.S. Many professionals qualify for alternatives that don’t depend on the lottery or an employer’s timeline. Exploring alternatives like the O-1 visa for individuals with extraordinary ability, or permanent residency routes like the EB-2 NIW, can give you more control over your future in the U.S.

At Manifest Law, our immigration attorneys help you evaluate all your options based on your skills, experience, and long-term goals. Request a consultation today to get your questions answered.

H-1B grace period FAQs

What is the 10-day H-1B grace period?

H-1B holders may also receive up to 10 days before their visa validity period begins (at admission) and 10 days after it ends. You cannot work during this 10-day grace period. This is intended for limited purposes to allow you to prepare before you begin your H-1B job or prepare to depart the U.S. after your visa expires.

Manifest Law Senior Immigration Attorney Henry Lindpere explains: “The 10-day grace period is separate and different from the 60-day grace period. If your employment is terminated early, then you can get 60 days, or less if your I-94 expires earlier. The 10-day grace period applies, for example, if you finish a full three years of H-1B employment but the employer does not file for an extension. Usually, during entry, the CBP limits the date of authorized stay on the I-94 as the 3-year period marked on the H-1B approval notice, plus 10 days. And they will allow someone to enter the U.S. up to 10 days before the first day at the job.”

Can I travel outside the US after an H-1B layoff?

The H-1B grace period ends when you leave the U.S. Traveling outside the U.S. can effectively terminate your H-1B status, and you would need a valid visa stamp and a new approved petition to re-enter the country. If you’ve filed a change-of-status application, departing the U.S. while it’s pending will generally be treated as an abandonment of that application.

If you’ve received a Notice to Appear, do not travel internationally until you’ve spoken with an immigration attorney. Leaving the U.S. while in removal proceedings can result in being unable to return and potential bars on reentry.

How does a layoff affect my H-4 spouse and children?

If your spouse and children are in the U.S. as derivative beneficiaries on H-4 visas tied to your H-1B status, their status is only valid as long as yours is. If you experience a layoff, their status is subject to the same 60-day grace period as you. The same is true if your spouse is working through an H-4 with an EAD. (If you’re on an H-4 visa, talk to an immigration attorney to determine whether you can work on your H-4 EAD.)

During the grace period, H-4 dependents can apply to change to another status if they’re eligible. For example, spouses and children might be eligible for an F-1 student visa, their own H-1B visas, or an O-1 work visa. They may also consider an B-2 visitor visa as a short-term bridge to stay in the U.S., but they wouldn’t be allowed to work or study.

If you’re pursuing a Green Card and your family’s priority date becomes current, you can file the Green Card application (Form I-485). Everyone can then remain in the U.S. under a period of authorized stay while that application is pending, even if their H-1B or H-4 statuses expire.

If I get a new H-1B, do I have to pay the $100,000 fee?

If you’re a current H-1B holder who transfers to a new employer or changes status while in the U.S., you generally aren’t subject to the $100,000 H-1B visa fee. But the fee will apply to your new H-1B petition if you leave the U.S. during your grace period, fail to to change your status, or need to get a new visa through consular processing.

Will I need to go through the H-1B lottery again?

You typically don’t have to go through the H-1B lottery again if you were already counted against the cap or if you qualify for a cap-exempt job.