Lost your H-1B job? Your 60-day grace period, step by step
Losing a job is stressful. Losing a job while on a work visa adds a clock. If you are in H-1B, H-1B1, L-1, O-1, E-1, E-2, E-3 or TN status, the rules may give you up to 60 days to find your next step. This guide explains how that clock works, what you can do before it runs out, and a proposal that could end it.
General information only, not legal advice. The grace period is discretionary and depends on your facts. Talk to an immigration attorney as soon as you can after a job loss.
The short answer
- You may keep your status for up to 60 days in a row after your job ends, or until your I-94 ends, whichever comes first.
- The clock starts the day after your employment ends, which USCIS usually reads as your last day of pay.
- You get it once during each authorized validity period, and leaving the U.S. ends it.
- On September 11, 2026, DHS proposed to eliminate the grace period. It is not final; it still applies today.
When your 60 days start and end
Day 1 is the day after your last day of employment. If you were paid through a notice period or severance tied to employment, your last day may be later than your last day in the office. Day 60 is the last day, unless your I-94 “Admit until” date comes first; then the grace period ends on the I-94 date.
Our free H-1B grace period calculator works out your dates and how many days are left.
What you cannot do
- Work. You cannot work during the grace period unless you are otherwise authorized. (H-1B portability is the main exception: see below.)
- Travel. Any departure from the U.S. ends the grace period. If you were outside the U.S. when the job ended, it generally does not apply.
Your four options
USCIS lists these ways to stay. Each one needs to be properly filed before the grace period ends.
- A new employer files for you. For H-1B, a new employer can file a petition and, under H-1B portability, you can usually start working once it is properly filed.
- Change to another status. For example H-4 (if your spouse is in H-1B), F-1 (to study) or B-2 (visitor), usually on Form I-539.
- Apply for a green card (Form I-485), if you are eligible to file now.
- Apply for a compelling circumstances work permit, if you have an approved immigrant petition and meet the other conditions.
If none of these works, plan to leave the U.S. by the last day of your grace period. Your spouse and children in dependent status follow your timeline.
The proposal to end the grace period
On September 11, 2026, DHS published a proposed rule, “Eliminating the Discretionary 60-Day Grace Period”. It would remove the grace period for these work categories, so a worker would generally need to act or leave right away when a job ends. Anyone can comment on the proposal at regulations.gov (docket USCIS-2026-0364) until November 10, 2026. If DHS publishes a final rule, it will say when the change takes effect, and we will update this guide.
Your first week checklist
- Write down your last day of pay, and get your most recent I-94 from i94.cbp.dhs.gov.
- Work out your last grace-period day, and put it in your calendar.
- Talk to an immigration attorney about which option fits you.
- Avoid international travel until your next step is filed and you understand its rules.
Need help organizing your documents?
One Path Finder can help you gather and organize documents where permitted by law. We are not a law firm and can’t tell you what applies to your case. Contact us to start a conversation. For legal advice, ask us for a referral to our partner law firm.