H-1B 60-day grace period calculator
If your job ends while you are in H-1B, H-1B1, L-1, O-1, E-1, E-2, E-3 or TN status, you may have up to 60 days to stay in the U.S. and find your next step. Enter your last day of work and your I-94 date to see when your grace period ends and how many days you have left.
DHS has proposed ending this grace period. On September 11, 2026 the Department of Homeland Security published a proposed rule to remove the 60-day grace period (Federal Register 2026-18631). Public comments close November 10, 2026. It is a proposal, not a final rule: the grace period still applies today. If DHS publishes a final rule, it will say when the change takes effect, and we will update this page.
A calendar, not a decision. The grace period is discretionary: USCIS can shorten it or refuse it when it decides your next filing. Losing a job can affect your status, your family’s status and a pending green card case. Talk to an immigration attorney as soon as you can. This is general information, not legal advice.
The rules behind these dates
- Who gets it. Workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN status, and their dependents, whose employment ends, whether they quit or were let go.
- How long. Up to 60 days in a row, or until your I-94 ends, whichever comes first. It is a maximum, not a promise.
- When it starts. The day after your employment ends, usually the last day you were paid.
- How often. Once during each authorized validity period. A new approved petition (for example with a new employer) starts a new validity period.
- No work. You cannot work during the grace period unless you are otherwise authorized. H-1B workers can start with a new H-1B employer once that employer properly files a nonfrivolous petition for them (H-1B portability).
- Travel ends it. Leaving the U.S. ends the grace period. If you were abroad when your employment ended, it generally does not apply.
What you can do before it ends
USCIS lists these options. If you take one of them in time, you may be able to stay past the 60 days. If you do none of them, you and your family may need to leave by the last day of the grace period.
- A new employer files a nonfrivolous petition for you (for H-1B, you can usually start working once it is filed).
- File to change to another nonimmigrant status (for example H-4, F-1 or B-2) on Form I-539 or through a new employer’s petition.
- File to adjust status to permanent residence (Form I-485), if you are eligible.
- Apply for a compelling circumstances work permit, if you have an approved immigrant petition and meet the other conditions.
- Leave the U.S.
Each choice depends on your case, so ask an immigration attorney which fits you. See current filing fees in the USCIS fee calculator, and check whether faster processing helps with Is premium processing worth it?.
Privacy: Everything is worked out in your browser. The dates you enter are not sent to us or stored.
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.
More tools
- Guide: lost your H-1B job? Your 60-day grace period, step by step
- USCIS filing fee calculator
- Is premium processing worth it?
- OPT and STEM OPT date planner
Official sources
- 8 CFR 214.1(l)(2): the 60-day grace period
- USCIS: Options for nonimmigrant workers following termination of employment
- Federal Register, Sep 11, 2026: Eliminating the Discretionary 60-Day Grace Period (proposed rule)
- Regulations.gov docket USCIS-2026-0364: comment on the proposed rule
- CBP: get your most recent I-94