Losing your job on a work visa — the 60-day clock

Losing a job while on a work visa like an H-1B, L-1, O-1, E-3, or TN is a double crisis: your income is gone and so is your legal authorization to stay. The good news is that U.S. immigration law gives you a safety window—a grace period of up to 60 days or until your I-94 expires, whichever comes first. Understanding what that period means, when it starts, and what steps preserve your options can mean the difference between maintaining status and facing serious immigration consequences.

How Long Is the Grace Period and When Does It Start?

When your employment ends, you enter a grace period of up to 60 consecutive calendar days. However, the clock is shorter if your I-94 (your admission record issued by U.S. Customs and Border Protection) expires before day 60. In that case, you must follow your I-94 end date, not the full 60 days. The grace period begins on your last day of productive employment—not the date of your termination notice and not after any severance period ends.

The 60-day grace period applies to workers on E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN visas, as well as their dependents. Once your employment with your petitioner (the company sponsoring your visa) terminates and the employer reports that termination to USCIS, your authorized period in that visa status technically ends. The grace period is what prevents you from being considered out of status immediately.

Three Main Options Inside the 60-Day Window

During your grace period, you have three realistic paths forward. Each requires different timing, paperwork, and employer involvement. The key is filing the required documents with USCIS before day 60 expires—not receiving a job offer, not signing an employment contract, but filing a petition.

Option 1: Transfer to a New H-1B (or Similar) Employer

If a new employer offers you a job and is willing to sponsor your visa, they file a new Form I-129 (Petition for a Nonimmigrant Worker) with USCIS. This is often called an H-1B transfer, though technically it is a new petition, not a transfer of your existing visa. The new employer must obtain a certified Labor Condition Application (LCA) from the Department of Labor before filing the I-129. The LCA certification typically takes 7 business days.

The critical benefit is called H-1B portability. Under portability rules, you can begin working for the new employer as soon as USCIS receives the I-129 petition—you do not have to wait for approval. This means a receipt number from USCIS is sufficient authorization to start your new job, as long as the petition was filed before your grace period ended and you had held valid H-1B status for at least 180 days before the layoff.

Standard USCIS processing of an H-1B transfer petition typically takes 3 to 6 months. Your new employer can request premium processing for an additional fee of $2,805, which guarantees a response within 15 business days, though this is optional. Do not assume that a job offer received on day 58 is sufficient. The petition must be filed with USCIS before day 60 ends.

Option 2: Change Status to Another Visa Category

If you cannot secure a new H-1B sponsor in time, you may be able to change to a different nonimmigrant status while remaining in the United States. The most common alternatives during the grace period are visitor/tourist status (B-1/B-2), but other options include L-1 (intra-company transferee), O-1 (extraordinary ability), E visas (investor or treaty-based), or TN (for Canadian and Mexican professionals in listed occupations). Some of these require an employer; others do not.

Changing status is a longer process than finding a new H-1B sponsor, and eligibility depends on your situation. For example, if you have a spouse on an H-1B, you might change to H-4 status. If you have a pending green card application with an approved I-140 immigrant petition that has been pending for at least 180 days, you may be able to file an adjustment of status application (Form I-485) along with an EAD (Employment Authorization Document) application while still in the U.S. An immigration attorney can help you identify which alternatives, if any, apply to your facts.

Option 3: Depart the United States

You are always permitted to leave the country voluntarily during the grace period. If you do, you avoid accruing unlawful presence and the reentry bars that come with it. Some workers depart to a nearby country, arrange a new visa stamp at a U.S. consulate, and reenter—a strategy that is sometimes faster than waiting for USCIS approval while in the U.S., particularly if premium processing is not feasible for a new H-1B transfer.

Why Filing Before Day 60 Is Absolute

The moment your grace period ends—whether that is day 60 or the day your I-94 expires—your legal status terminates. If you have not filed a petition, changed status, or left the country by then, you will be considered out of status. After that point, every day you remain in the U.S. counts as unlawful presence.

Unlawful presence is not a criminal charge, and you will not face arrest simply for being out of status on day 61. However, it creates serious immigration consequences that activate only when you leave the U.S. or apply for a visa abroad. If you accrue more than 180 days of unlawful presence, you will be barred from reentering the U.S. for 3 years after you depart. If you accrue one year or more of unlawful presence, the bar is 10 years. These reentry bars apply even if you eventually become eligible for a green card or other visa. You cannot simply wait out the problem while in the U.S.

Talk to an Immigration Attorney Right Away

The grace period is designed to give you time to act strategically, but only if you act immediately. Immigration attorneys who specialize in employment-based visa cases can review your specific situation—your visa type, your I-94 expiration date, your job prospects, any pending green card applications, your country of citizenship, and your family situation—and advise you on the fastest and safest path.

An attorney can also help you understand whether you actually qualify for options you might assume are closed. For instance, you might assume you are not eligible for an O-1 visa, but many professionals in tech, science, or business qualify once their record is evaluated carefully. An attorney can also negotiate on your behalf with potential employers about timelines and can ensure that petitions are filed correctly.

Waiting until day 45 to consult an attorney or hoping a job offer will materialize puts you at extreme risk. If you lose your job on a work visa, schedule a consultation with an immigration lawyer within the first few days. Most attorneys offer initial consultations at low cost, and the investment is far smaller than the cost of accruing unlawful presence or having to leave the country without resolving your status.

What You Should Do Immediately

1. Contact an immigration attorney on day 1 or day 2 of your job loss.
2. Document your last day of productive employment and confirm it with your former employer.
3. Ask your former employer for a termination letter and any separation documents.
4. Review your I-94 card and passport to confirm your visa expiration date.
5. Update your resume and begin networking for a new role, but be transparent with potential employers that you are on a work visa and need sponsorship.
6. If you have a spouse on a work visa or if you have a pending green card application, inform your immigration attorney immediately.
7. Do not work for any employer without a filed petition and receipt number from USCIS, even if promised future filing.

Common Myths About the Grace Period

Several misconceptions about the grace period lead workers into trouble. First, some workers believe the grace period has been extended to 90, 120, or 180 days. It has not. While policy proposals have been made to extend it, as of 2026, the law still provides 60 days (or until I-94 expiration, whichever is shorter). Second, some believe that finding a new job is the same as filing for a transfer. It is not. A verbal agreement or a signed offer letter does not stop the clock. Only a petition received by USCIS before day 60 ends will preserve your status. Third, some believe they can stay in the U.S. during the grace period and take time to decide what to do. They can, but only for up to 60 days. On day 61, they must have filed a petition or left.

If You Miss the Deadline

If your grace period expires and you have not filed a petition or changed status, you do not need to leave the country immediately. However, you will be out of status and accruing unlawful presence each day you remain. At that point, your options shrink dramatically. You cannot file most new visa petitions from within the U.S. if you are out of status. Leaving the country to consular process a new visa (H-1B, O-1, etc.) would trigger the reentry bars discussed above if you have accrued enough unlawful presence.

Some workers who miss the deadline have been able to file a change of status application or an adjustment of status application if they have a qualifying pending immigrant petition, but this requires immigration counsel to evaluate carefully. The safest course is to avoid missing the deadline in the first place by acting immediately when you lose your job.