O‑1 Grace Period: When Does the 60-Day Clock Start?

The O-1 grace period is a discretionary period of up to 60 consecutive days that may let you remain in the United States after the employment supporting your nonimmigrant status ends. It is available once during each authorized validity period. You can use that time to pursue qualifying employment, change to another status, or prepare to leave the country. You are not authorized to work during the grace period.

How does the O-1 grace period work?

Not everyone gets the full 60 days. The O-1 grace period ends 60 days after your last day of employment, or on the date your authorized stay expires, whichever comes first. If your I-94 expires in 30 days, you get 30 days. If you stay past your authorized stay date, you can begin accruing unlawful presence, which can bar you from reentering the U.S. in the future.

Determining whether that period has started requires looking at each approved Form I-129, which says what work is authorized and which employers or engagements are covered, and for what period.

If a U.S. employer filed the petition, the O-1 visa is tied to that employer and the work described in the approved petition. If a U.S. agent filed a petition covering several employers or projects, losing one client or engagement may not mean the end of your O-1 visa, so the grace period doesn't apply if you continue performing other qualifying, authorized work covered by the same petition. The key question is whether all employment supporting the approved O-1 arrangement has ended or only one part of it.

How long can I stay on the O-1 grace period?

The O-1 grace period generally begins the day after your last day of employment. To determine when it ends, follow these steps:

• Step 1: Check your Form I-797 approval notice. In the top-right corner, find the dates labeled "Valid From" and "Valid To." These dates show the petition-validity period USCIS approved for your O-1.
• Step 2: Check your most recent Form I-94. Find the "Admit Until Date." This is the last day you are authorized to remain in the United States.
• Step 3: Calculate your O-1 grace-period deadline. The day after your last day of employment is Day 1. Count forward 60 days. Your grace period ends on Day 60 or on the "Admit Until Date" on your most recent Form I-94, whichever comes first.

For example, if your employment ends on June 1 and your petition-validity period runs through October 1, the maximum 60-day period generally runs from June 2 through July 31. If your most recent Form I-94 instead shows that your authorized stay ends on June 20, the possible grace period also ends on June 20.

O-1 60-day grace period vs. the 10-day validity window

If you've read about a 10-day grace period, it's easy to confuse it with the 60-day grace period, but they're not the same thing. The 60-day grace period applies when your employment ends before your authorized validity period expires. If your authorized stay reaches its scheduled end date, the 10-day period after it may apply instead. The 10-day periods surround your petition's scheduled start and end dates, giving you time to settle in before your job begins or prepare to leave after it ends.

When you enter the United States in O-1 status, U.S. Customs and Border Protection (CBP) may admit you up to 10 days before your petition-validity period begins and up to 10 days after it ends. CBP doesn't grant these extra days automatically, so check the dates on your Form I-94. Your I-94 end date may fall up to 10 days after the end date on your Form I-797, but you can work only during the petition-validity period shown on your I-797.

Does losing one job or project start the grace period under an O-1 agent petition?

Two types of sponsors can file your O-1 petition: a U.S. employer offering you a specific position, or a U.S.-based agent. An agent can represent one employer or coordinate multiple short-term projects or freelance engagements for you.

That means losing only one client doesn't always start the grace period. If one engagement ends but you keep doing other qualifying work listed in the same approved petition, you may still have authorized employment, and your 60-day clock may not start.

To check whether you still have authorized employment, review:

• Your Form I-797 approval notice. It shows your name, classification, and petition validity dates. You can work only between those dates.
• Your itinerary. In a multi-employer agent petition, it lists the dates of each engagement, the names and addresses of each employer, and the locations where you'll work.
• Your contracts. Multi-employer agent petitions must include a contract between the employers and you. Check each contract's dates and whether it's still active.
• Your agent's explanation of the terms and conditions. It describes how your work is set up under the agent.

If all the work listed in your petition has ended, the grace period starts the day after your last day of qualifying employment.

If your documents don't make it clear whether you still have authorized employment, an O-1 visa lawyer can review your petition with you.

What happens if the petitioner or agent relationship ends?

Losing your petitioning agent is different from losing a client, because your O-1 status depends on the petition the agent filed. You can't sponsor your own O-1, so a U.S. employer or agent must file for you.

USCIS automatically revokes an approved O-1 petition if the petitioner, or the named employer in an agent petition:

• Goes out of business.
• Files a written withdrawal of the petition.
• Tells USCIS you no longer work for it.

The petitioner must also tell USCIS about any changes that may affect your eligibility.

If your petition is revoked or your agent stops supporting your work, you'll need a new employer or agent to file Form I-129 for you. You generally must wait for USCIS to approve the new petition before you start working.

Adding or changing employers

If your U.S. agent filed a petition covering several employers or engagements, keep in mind that staying with the same agent doesn't let you work for a new employer that wasn't included in the original approved petition.

If you add or replace an employer, your agent generally must file an amended Form I-129 with evidence about the new employer. The same applies to any other material change in your job terms or eligibility: your petitioner must file an amended petition. USCIS makes one exception for artists and entertainers: your petitioner can add performances or engagements without an amendment, as long as the work requires someone of O-1 caliber and takes place during your petition's validity period.

Adding those engagements won't extend your stay. You can work only during the validity dates on your approved petition. If an engagement runs past those dates, your petitioner must file Form I-129 to extend both the petition and your stay, generally before your authorized stay on your Form I-94 expires. USCIS can grant extensions in increments of up to one year to continue or complete the same event or activity. If the new work is a different event or activity, you'll generally need a new petition.

O-1 vs. H-1B after employment ends

If you hold O-1 or H-1B status, the same basic grace-period rule applies. In either classification, you may receive up to 60 days after qualifying employment ends, or until your authorized validity period ends, whichever comes first. But the rules for starting a new job differ.

H-1B portability means they may start a new job after the new employer properly files a Form I-129 without waiting for USCIS to approve the petition. If you hold O-1 status, however, you generally must wait for USCIS to approve the new petition before starting employment with a new employer or agent.

What can you do during an O-1 grace period?

The grace period doesn't let you work, but it gives you time to take one of these steps before it ends.

• Begin the process with a new employer or agent: The new employer or agent must file Form I-129 before your grace period or authorized validity period ends. You generally must wait for USCIS to approve the petition before starting the new employment.
• Apply to change status: If you qualify, you may apply to change to another nonimmigrant status, such as F-1 student or B-1/B-2 visitor status. A pending application does not authorize employment.
• Apply for a compelling-circumstances EAD: If you have a pending adjustment of status application and filed Form I-765 for employment authorization based on that pending Form I-485, you may be able to ask USCIS to expedite your work permit. You do not need to wait for an underlying Form I-140 to be approved before requesting expedited processing of the I-765. USCIS reviews expedite requests on a case-by-case basis, so you should be prepared to explain why your situation warrants faster processing and provide supporting evidence.
• Depart the United States: If you don't pursue another qualifying option, leave before your grace period or authorized validity period ends. Leaving ends your grace period, and you'll need another valid immigration basis to come back. Staying past your authorized time can have serious consequences, depending on how long you remain. If you stay unlawfully for 180 days or more, you can be barred from returning for three years. If you stay for one year or more, the bar is 10 years.

If you're unsure about your next steps, your deadlines, or whether you still have authorized work, an attorney can help you review your petition. Request a consultation before your grace period or authorized validity period ends.

FAQs about the O-1 grace period

When does the O-1 grace period start?

The grace-period clock generally starts the day after the employment supporting your O-1 status ends. If an agent petition covers several employers or projects, the clock may not start when one engagement ends if you continue performing other qualifying, authorized work under the petition.

Does every O-1 worker get the full 60 days?

No. Your grace period can last up to 60 consecutive days or until your authorized validity period ends, whichever comes first. The rule also gives USCIS discretion to shorten or eliminate the period.

Can I work during my O-1 grace period?

The grace period alone does not authorize employment. You must stop working unless another valid employment authorization applies under the law.

If my O-1 agent listed several projects, what happens when just one project ends?

If you continue performing other qualifying, authorized work covered by the same approved petition, the end of one project may not start the grace-period clock. Review the petition, itinerary, contracts, and remaining engagements to confirm that the existing petition authorizes the continuing work.

Can I start a new job as soon as my new O-1 petition is filed?

No, you must wait until USCIS approves the new petition before starting the new O-1 employment.

What happens to my O-1 grace period if I leave the United States?

Leaving the United States ends the grace period. You must obtain another valid immigration basis before seeking reentry.