Being laid off on H-1B puts you under two deadlines at once: finding a job and protecting your status.
The good news is that you usually have options. The key is to act in the first week, not the last.
Is the H-1B 60-day grace period still valid?
Yes, as of November 11, 2026.
On September 11, 2026, DHS published a proposed rule (RIN 1615-AD22) that would eliminate the grace period. Public comments closed on November 10, 2026.
A proposed rule is not law. The grace period applies until a final rule is published and takes effect. Our article on the DHS proposal to eliminate the 60-day grace period tracks the status.
How the grace period works
The grace period comes from 8 CFR 214.1(l)(2). It works like this:
- Length: Up to 60 consecutive days, or until your I-94 expires, whichever is shorter.
- Start date: The clock generally starts the day after your last day of employment.
- Frequency: It is available once per authorized validity period.
- Status only: It preserves your status. It does not authorize you to work.
- Discretionary: USCIS decides whether to honor it.
Your options during the grace period
| Option |
What it involves |
Key caution |
| New H-1B petition (transfer) |
A new employer files for you. If you are eligible for portability, you can start working once it is filed. |
It must be filed within the grace period. |
| Change to F-1 (study) |
Enroll in a degree program and change status. |
Work is limited to F-1 rules, and CPT has narrowed under SEVP’s 2026 guidance. |
| Change to H-4 or L-2 |
Become a dependent of your spouse. |
Requires a qualifying spouse. |
| Change to B-2 (visitor) |
Buys time to wrap up your affairs. |
Denials are increasing. Don’t treat this as a guaranteed bridge. |
| Compelling-circumstances EAD |
Work authorization for up to one year. |
Requires an approved I-140 plus compelling circumstances. |
| Depart the U.S. |
Leave and continue your search from abroad. |
If you were laid off involuntarily, your employer must pay reasonable return transportation. |
If you are considering going back to school, read how an H-1B to F-1 change of status works and the 2026 CPT changes first. For the visitor option, see our article on B-2 change-of-status RFEs after a layoff.
Your 60-day job search plan
Days 1–7: Secure your paperwork and your dates
- Get written confirmation of your last day of employment.
- Collect your I-797 approval notices, I-94, recent pay stubs and degree documents.
- Mark Day 60 and your I-94 expiration date on your calendar. Plan around whichever comes first.
- Book a consultation with an immigration attorney.
- Update your resume. Use our job-duties and coursework worksheet to make sure your target roles match your degree for H-1B purposes.
Days 8–30: Target the right employers
- Prioritize employers with a sponsorship record. The Department of Labor publishes H-1B LCA disclosure data you can search.
- Mention your cap status. If you were already counted against the H-1B cap, a new employer generally does not need a new lottery selection. This is a strong selling point.
- Ask early in interviews: “Can your team file an H-1B transfer within the next few weeks?”
- Ask about recent layoffs in similar roles. Under Executive Order 14431, an employer’s layoffs may draw extra scrutiny on new H-1B filings. Our article on layoff scrutiny of H-1B employers explains more.
- Answer the sponsorship question confidently. Note that the $100,000 fee never applied to in-country transfers and is currently blocked. See our guide to answering “Will you now or in the future require sponsorship?”
Days 31–50: Convert interviews into a filed petition
- Have your documents ready so the new employer’s attorney can move quickly.
- Ask whether the employer will use premium processing. It is the employer’s decision and an extra cost.
- Confirm the filing date in writing once you accept an offer.
Days 51–60: File a backup or prepare to depart
- If no petition is on track, file a backup change of status before your grace period ends, or make a departure plan.
- Don’t let Day 60 pass without one of these in place.
Common mistakes to avoid
- Working before eligibility. Don’t start a new job before the new petition is filed and you are eligible for portability.
- Assuming you have the full 60 days. If your I-94 expires sooner, the earlier date controls.
- Treating a B-2 change of status as guaranteed.
- Ignoring the proposed rule. If DHS finalizes it, future layoffs could leave no grace period at all.
Frequently asked questions
What happens if you get laid off on H-1B?
Your employment ends. You may then have up to 60 days, or until your I-94 expires if sooner, to find a new H-1B employer, change status, or leave the U.S.
Is the H-1B 60-day grace period still valid in 2026?
Yes. DHS has proposed eliminating it, but the proposal is not final. Check for updates before you rely on it.
Can I work during the grace period?
No. The grace period preserves your status but does not authorize work. With portability, you can start a new H-1B job once the new employer files your petition.
Does the $100,000 H-1B fee apply to my transfer?
No. The fee targeted new petitions for workers outside the U.S., and courts have blocked its collection. A separate $103,265 fee has been proposed and is not in effect.
Can I switch to F-1 and use Day 1 CPT?
A change to F-1 is possible. But CPT now must be a required part of your program, and SEVP’s 2026 guidance is under legal challenge. Confirm your program’s CPT policy before you enroll.
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