The 60-Day Grace Period
Key Takeaways
The 60-day clock starts the day after your last paid day
Check your I-94 expiration—it may be sooner than 60 days
Act in the first week, not Day 59
For Visa Holders: This Is Urgent
"I'm on H-1B—what happens now?" — You have limited time. Start today.
The 60-Day Grace Period
If you're on an H-1B, L-1, or similar work visa, a layoff triggers a 60-day grace period:
| Rule | Details |
|---|---|
| Start date | Day AFTER your last paid day |
| Maximum | 60 days |
| Important limit | OR until I-94 expires—whichever is FIRST |
| Per authorization | Only one grace period per visa approval |
Critical Clarification
The 60 days is a maximum. If your I-94 expires in 30 days, you only have 30 days.
Check your I-94 now: https://i94.cbp.dhs.gov
What You CAN Do During Grace Period
| Action | Permitted? |
|---|---|
| Stay in the US | Yes |
| Look for new jobs | Yes |
| Have H-1B transfer filed | Yes (can work once filed) |
| File for change of status | Yes |
| Travel internationally | Risky (re-entry not guaranteed) |
What You CANNOT Do
| Action | Status |
|---|---|
| Work for any employer | No (until H-1B transfer filed) |
| Assume you have full 60 days | No (check I-94) |
| Wait until day 58 to act | Dangerous |
| Ignore the deadline | Will result in overstay |
2025 Warning: Stricter Enforcement
CRITICAL 2025 UPDATE: Immigration enforcement has significantly intensified:
| Change | Impact |
|---|---|
| 196,600 NTAs issued | Since January 20, 2025 under expanded enforcement |
| Grace period at risk | DHS can eliminate or shorten at its discretion |
| NTAs during grace period | Some H-1B holders receiving NTAs even after filing change of status |
| Social media vetting | Now required for all H-1B applicants (effective Dec 15, 2025) |
Reports indicate DHS has claimed in some cases that when an employer withdraws H-1B sponsorship, the worker must leave immediately.
Do NOT overstay. The consequences are severe and can affect future immigration benefits.
Your Timeline
| Day | What You Should Be Doing |
|---|---|
| Day 1-3 | Understand your options, check I-94 |
| Day 3-7 | Contact immigration attorney if complex |
| Week 1-2 | Active job search for H-1B transfer |
| Week 2-4 | If no job, prepare backup (B-2, departure) |
| Week 4-6 | Execute backup plan if needed |
| Day 60 | Must have new status or departed |
When does the 60-day grace period start for H-1B holders who are laid off?
The day you receive notice of layoff
The day after your last paid day of work
The day your employer notifies USCIS
60 days before your I-94 expires