The 60-Day Grace Period When You Lose a Work-Visa Job

Short answer: If you are in H-1B, H-1B1, L-1, O-1, E-1/E-2/E-3, or TN status and your job ends - whether you were laid off, fired, or quit - a federal regulation (8 CFR 214.1(l)(2)) says you are not automatically considered "out of status" just because the job ended. You get a grace period of up to 60 consecutive days, or until your Form I-94 authorized stay expires, whichever is shorter. During that window you can look for a new sponsoring employer, apply to change to another status, switch to visitor status to wrap up your affairs, or leave the country. The grace period is not guaranteed in every case, it does not come with work authorization, and it only applies once per authorized validity period - so treat the clock as real from day one.

Who this applies to

The regulation covers people admitted in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN nonimmigrant classification, along with their dependents (for example H-4, L-2, O-3, or TD status holders). It is triggered by a "cessation of the employment on which the alien's classification was based" - in plain terms, your job ending, for almost any reason connected to the employment relationship.

This grace period is separate from the short 10-day grace periods that some of these same categories get automatically at the very start and very end of an approved validity period (for arriving early or preparing to depart). This article is about the up-to-60-day period tied specifically to your employment ending mid-validity-period.

How the clock actually works

• Up to 60 days, capped by your I-94. The grace period lasts 60 consecutive days or until the end of your authorized stay as shown on your Form I-94, whichever is shorter. If your visa status was set to expire in three weeks anyway, you do not get a full 60 days - you get whatever is left until your I-94 date. The 60-day count generally begins the day after your qualifying employment ends (typically the last day for which you are paid a salary or wage).
• You don't apply for it. There is no form to "activate" the grace period; it exists by regulation once the qualifying employment ends. But that is not the same as a guarantee - see discretion, below.
• It's a once-per-validity-period benefit. If you already used a 60-day grace period once during your current authorized validity period (for example, after an earlier job loss with the same employer authorization period), you may not get a second one if the same situation recurs before that period ends.
• It's discretionary. The regulation itself states that DHS may shorten or eliminate the 60-day period as a matter of discretion in a given case. Sixty days is the maximum allowed, not a guarantee everyone automatically receives in full in every circumstance. Factors like unauthorized work during the period, a status violation, fraud, or a criminal issue can lead USCIS to cut it short.
• No work authorization during the grace period. Unless you separately qualify for work authorization under another category, you cannot legally work during this time, even though your status itself isn't considered broken solely because the job ended.

Your options during the grace period

1. Find a new employer to sponsor you

A new employer can file a new petition (Form I-129, Petition for a Nonimmigrant Worker) on your behalf before your grace period and authorized stay run out. For H-1B workers specifically, a provision sometimes called "H-1B portability" (INA 214(n)) can allow you to begin working for the new employer once a complete, non-frivolous petition is filed - even before USCIS approves it - as long as you were in a period of authorized stay when it was filed. Workers in other categories, such as L-1, O-1, or TN, generally do not have that same filing-triggers-work-authorization benefit and typically should wait for approval before starting the new job. Because the rules differ by classification and by individual facts, confirm your specific situation with an immigration attorney before you start any new position.

2. Apply to change your nonimmigrant status

You can file Form I-539, Application to Extend/Change Nonimmigrant Status, to move into a different category - for example, becoming a dependent on a spouse's status, switching to F-1 student status if you're starting a program, or another category you qualify for - before the grace period ends. Filing a complete, honest, non-frivolous application before your authorized stay expires generally stops the unlawful-presence clock while USCIS decides it, even if the decision comes after day 60. If it's approved, you're treated as having been in an authorized period of stay the whole time it was pending.

3. Switch to B-2 visitor status to wind things down

If you need time to pack up, arrange finances, or handle a lease before leaving the country, you can file Form I-539 to change to B-2 visitor status. B-2 status does not carry work authorization, so this is a bridge for departure preparation, not a way to keep earning income in the U.S.

Current-policy note (as of mid-2026): USCIS has been scrutinizing change-of-status requests to B-1/B-2 after a job loss more closely - with more requests for evidence and denials reported - and in early 2026 it archived its longstanding online guidance page on options following termination of employment. Because how adjudicators treat this option has been shifting, do not assume a B-2 change of status will be granted, and confirm the current USCIS position and what B-2 activities are permitted (job interviews, for instance, are treated cautiously) with an immigration attorney before you file. Verify current rules at uscis.gov.

4. Depart the United States

Leaving before the grace period or your authorized stay expires is always an option, and for many people it is the safest one if a new job or status change isn't going to come together in time. Note that the grace period ends immediately upon departure - if you leave, you cannot use the remainder of the 60 days on a later reentry, and reentering would require qualifying for a status again from scratch.

What to do - a practical checklist

1. Note your exact deadline the day your job ends. Check your I-94 record (available at the CBP I-94 website, i94.cbp.dhs.gov) for your authorized-stay expiration date, and compare it to 60 days from your last day of qualifying employment. Your real deadline is whichever date comes first.
2. Talk to a qualified immigration attorney or a Department of Justice-recognized accredited representative right away - not near the deadline. Your options, timing, and risk depend heavily on your specific visa category, how much of the 60 days is actually available to you, and whether you've used a grace period already in this validity period.
3. If you have a new job lead, move fast on the sponsor's I-129 filing. Ask the new employer's counsel whether portability rules let you start work before approval, and get that answer in writing before your first day.
4. If you don't have a new sponsor lined up, decide between changing status and departing well before day 60, not on the last day - USCIS receipt and processing takes time, and a late or incomplete filing may not protect you.
5. Keep records of your termination date, your I-94, any petitions or applications filed, and receipt notices. If something is contested later, this paper trail matters.
6. Verify current forms, fees, and any policy updates directly with USCIS at uscis.gov before you file anything, since fee amounts, form editions, filing procedures, and adjudication practices change over time.

The risk of doing nothing

If the grace period and your authorized stay end with no qualifying filing pending - no new employer petition, no change of status, nothing - you begin accruing unlawful presence. Under INA 212(a)(9)(B), accumulating more than 180 days of unlawful presence before you depart can trigger a 3-year bar on returning to the U.S., and more than 365 days can trigger a 10-year bar. Remaining without status can also put you at risk of being placed in removal proceedings before the immigration court (EOIR); there have been reports of such enforcement action against workers who overstay after a job loss. These consequences can follow you for years and affect future visa applications - they are not something to gamble on with a last-minute filing.

A note on discretion

Because the regulation gives DHS discretion to shorten or eliminate the 60-day grace period in an individual case, don't assume you automatically have the full 60 days in every scenario, and don't assume the grace period will be interpreted the same way it was for a friend or coworker. If anything about your case is unusual - multiple employers, a prior grace period already used, a pending petition with an issue, or a criminal or immigration-history complication - get that reviewed by counsel immediately rather than relying on general assumptions.

This article is general information, not legal advice, and does not create an attorney-client relationship. Immigration status mistakes can lead to unlawful presence, denial of future benefits, detention, or removal, so consult a qualified immigration attorney or a Department of Justice-recognized accredited representative about your specific situation as soon as your job ends. Be cautious of "notarios" or unlicensed "immigration consultants" - in the United States, only licensed attorneys and DOJ-accredited representatives are authorized to give immigration legal advice or represent you before USCIS or the immigration court; verify credentials before paying anyone for help with your case.