H-1B Grace Period: How the 60-day Rule Works and What to Do Now

The H-1B grace period is a window of up to 60 consecutive calendar days that allows workers on an H-1B visa to remain in the U.S. after their employment ends without immediately falling out of status. It was introduced by DHS regulation specifically to give workers time to find a new employer, change visa status, or prepare to leave the country. According to USCIS, if you take no action within the grace period, you and your dependents may need to depart the U.S. within 60 days or when your authorized validity period ends, whichever comes first.

What the H-1B grace period actually covers

The grace period is established by a 2017 DHS regulation stating that H-1B workers (along with those in E-1, E-2, E-3, H-1B1, L-1, O-1, and TN classifications) will not be considered to have failed to maintain nonimmigrant status solely because their employment ended. This protection lasts for up to 60 consecutive calendar days or until the end of their authorized validity period, whichever is shorter.

The grace period applies whether you were laid off or chose to resign. The regulation makes no distinction between voluntary and involuntary job loss.

One important caveat: DHS has the discretion to shorten or eliminate the grace period entirely. This can happen if you have a history of status violations, unauthorized employment, fraud, or criminal charges.

Under normal circumstances, the grace period has historically been granted when workers file qualifying petitions within the window. That picture has become more complicated since 2025, which is covered in more detail below.

The two H-1B grace periods explained

There are two separate grace periods that apply to H-1B workers, and they cover different situations.

The 60-day grace period after job loss

This is the one most workers mean when they refer to the H-1B grace period. It begins the day after your last day of employment, which USCIS defines as the last day for which a salary or wage is paid.

This timing matters. If your employer terminates you on October 1 but continues to pay your salary through October 31 as severance, your grace period still starts on October 2, not November 1. Severance pay is compensation for job loss, not compensation for work performed. USCIS doesn't recognize it as active employment, and it has no effect on when the grace period begins.

You can use this period to find a new H-1B employer, file a change of status application, apply for adjustment of status if eligible, or prepare to leave the U.S.

The 10-day grace period at visa validity boundaries

A separate, shorter grace period applies at the edges of an H-1B validity period. H-1B workers are admitted up to 10 days before their petition validity begins and 10 days after it ends. This window is for travel and logistics purposes only. No work is authorized during these 10 days.

This is a common source of confusion. If your H-1B petition expires and your employer doesn't file an extension, the 10-day window doesn't protect your right to work or continue looking for employment. The 60-day grace period only applies after cessation of employment before the petition's end date.

How the 60-day clock works in practice

The grace period is 60 consecutive calendar days, not business days, and it can't be paused, extended, or reset. It applies once per authorized validity period.

That last point has a practical consequence. If you lose your job with Employer A and transfer to Employer B during your grace period, and Employer B later terminates you, you get a new 60-day grace period based on Employer B's H-1B approval. You can't draw a second grace period against Employer A's original petition.

The grace period also cannot exceed your I-94 expiry. Check your I-94 at i94.cbp.dhs.gov immediately after a job loss to confirm your authorized stay period. If your I-94 expires in 30 days, you have 30 days regardless of what the 60-day rule says.

What you can and cannot do during the grace period

The grace period keeps you in valid status, but it doesn't keep you authorized to work. Those are two different things, and confusing them is one of the most common mistakes H-1B holders make after a layoff.

What you can do:

• Start work immediately once a new employer files a valid H-1B petition on your behalf. Under AC21, the USCIS receipt notice is enough. You don't need to wait for approval.
• File a change of status to B-2 (visitor) or F-1 (student) to stay in the U.S. while you continue your job search. Filing before the grace period expires maintains lawful presence even if USCIS takes months to adjudicate.
• File for adjustment of status if you have an approved I-140 and a current priority date. A job loss does not necessarily end your green card process.
• Apply independently for a new visa status if you are an H-4 dependent. H-4 holders aren't required to wait for the principal's situation to resolve before filing their own change of status.

What you cannot do:

• Work for any employer without active H-1B authorization. Your previous employer's petition is no longer valid once employment ends, and working before a new petition is received by USCIS is unauthorized employment, even if you are still technically within the 60-day window.
• Extend or pause the grace period. It is fixed at 60 consecutive calendar days and can't be reset for any reason, including severance pay, garden leave, or ongoing payroll. A common misconception is that receiving severance means you are still employed for immigration purposes. You aren't. The clock starts on your last day of actual work.
• Travel internationally without serious risk. Leaving the U.S. during the grace period without a valid visa stamp and a confirmed new employer's petition in place can result in being unable to re-enter. A pending change of status application is also typically abandoned the moment you depart.
• Assume H-4 EAD work is safe. Whether an H-4 EAD holder can continue working during the principal's grace period is legally ambiguous. If the new H-1B petition is ultimately approved with an extension of stay, USCIS may treat the H-4 as having maintained status retroactively. If it is denied, any work during the period may be treated as unauthorized. Don't assume continued authorization. Confirm with an immigration attorney first.

Does severance pay affect the grace period?

No. When a company lays off an employee, it often continues paying salary for weeks or months as part of a severance package. HR will tell you that you are "on payroll" until a certain date. That is true from an employment law perspective. It isn't true from an immigration perspective.

According to USCIS, the grace period begins the day after the last day for which wages are paid for actual work performed. Severance is compensation associated with the end of employment, not payment for services. USCIS doesn't treat it as active employment, and it has no effect on when the 60-day clock starts.

A concrete example: if your last day of actual work is March 1 and your employer pays you through April 30 as severance, your grace period starts on March 2. It ends on April 30, while you are still receiving checks from your former employer. Many workers in this situation have unknowingly let their grace period lapse while assuming they had more time.

The safest approach is to confirm your last day of actual work in writing, download your I-94 immediately, and start the clock from there.

Can you travel outside the U.S. during the grace period?

Technically, leaving the U.S. during the grace period isn't prohibited. Practically, it is a serious risk for most people and should not be done without legal advice.

The core problem is re-entry. To re-enter the U.S. after international travel, you generally need a valid visa stamp. If your H-1B was tied to an employer who has now terminated you, that visa stamp is no longer backed by an active petition. A CBP officer at the port of entry can deny you entry. There is no grace period protection that applies at the border. The grace period is a USCIS construct, not a CBP one.

There is a second problem if you have a pending change of status application. Filing for B-2 or F-1 status within the grace period is a common strategy for buying time. But a pending change of status application is typically abandoned the moment you leave the U.S. You would need to restart the process from abroad, and in the meantime you may have no valid basis to re-enter.

The exception worth knowing: if a new employer has already filed an H-1B petition on your behalf and you have a valid visa stamp for that employer's classification, travel may be possible. This is a narrow window and the details matter significantly. Consult an immigration attorney before booking any flights.

What happens to H-4 dependents and H-4 EAD holders?

H-4 visa holders (typically spouses and children of H-1B workers) have their status directly tied to the principal H-1B holder. When the principal enters the grace period, dependents are in the grace period too. If the principal falls out of status, dependents do as well.

During the grace period, H-4 dependents can apply independently to change to another status. A spouse might apply for F-1 to enroll in school, for example. They do not need to wait for the principal's situation to resolve before filing.

H-4 EAD work authorization during the grace period is a more complicated question, and the honest answer is that the risk is real. If the principal's new H-1B petition is ultimately approved with an extension of stay, USCIS will likely treat the H-4 as having maintained status throughout the grace period retroactively, meaning any work the H-4 EAD holder did during that window would be considered authorized after the fact. But if the petition is denied, that retroactive protection disappears. Any work the H-4 EAD holder performed during the grace period could be treated as unauthorized employment, with consequences for future visa applications.

The safest course is to pause H-4 EAD work until the principal's new petition is filed and the receipt notice is in hand.

Your options during the H-1B grace period

Acting early is more important than acting perfectly. The closer you get to day 60, the fewer options remain available.

Transfer to a new H-1B employer. This is the most common path. A new employer files Form I-129 on your behalf, and once USCIS receives the petition you can start work immediately under portability. File as early in the grace period as possible. Filing on day 59 or 60 creates real timing risk: late filings can result in the petition being approved but the extension of stay being denied, meaning you would need to depart, obtain a new visa stamp, and re-enter before starting work.

File a change of status. If a new H-1B job isn't ready in time, filing for B-2 or F-1 status within the grace period maintains your lawful presence while USCIS adjudicates the application. What matters is filing before the grace period expires. Approval can come after.

File for adjustment of status. If you have an approved I-140 and a current priority date, filing for a green card within the grace period preserves your authorized stay. The specifics depend on your situation, so consult an immigration attorney.

Depart the U.S. If none of the above are viable in time, leaving before day 60 is better than overstaying. Voluntary departure before unlawful presence begins protects your eligibility to return on a future visa.

The 2025 NTA issue and what it means for you

Since July 2025, reports have emerged of USCIS issuing Notices to Appear (NTAs) to H-1B workers whose employers withdrew their petitions following a job separation. An NTA is the document that initiates removal proceedings.

NAFSA reported in July 2025 that these NTAs were being issued despite the DHS regulation explicitly protecting workers from being considered out of status during the grace period. AILA subsequently issued a call for examples of NTAs issued during the 60-day window. The pattern appears linked to employer petition withdrawals triggering automatic system flags at USCIS.

In February 2025, USCIS issued a policy memo expanding the scenarios under which the agency can issue NTAs when petitions are denied or revoked. The USCIS page covering options for nonimmigrant workers after termination was also marked "out of date" in mid-2025 without replacement guidance being published.

What this means practically: the 60-day grace period still exists in regulation, and immigration judges have dismissed NTAs in cases where workers had valid pending filings. The legal basis hasn't changed. What has changed is the risk environment. Workers who receive an NTA even while within their grace period may face disrupted employment, frozen travel plans, and removal proceedings that require legal response. Treating 60 days as a comfortable runway is riskier today than it was before 2025. Filing sooner is safer.

What happens if you miss the grace period

Remaining in the U.S. after your grace period expires without a pending petition or change of status application means you are accruing unlawful presence. Accruing one year or more triggers a ten-year bar. Accruing more than 180 days but less than one year of unlawful presence triggers a three-year bar on reentry.

If you realize you have missed the grace period, the options narrow significantly. Departing immediately limits further accumulation. Some situations (for example, a pending compelling circumstances EAD application or an adjustment of status filing) may still preserve some period of authorized stay, but these depend on specific facts and timing.

The fastest way through the grace period is a new job

Changing status, filing for adjustment, and departing and returning are all either delay tactics or last resorts. The path that actually resolves the situation is finding a new employer who is willing and able to file an H-1B petition on your behalf quickly.

That means focusing your search on companies with an established track record of H-1B sponsorship. Employers who have done this before know the process, have legal counsel in place, and can move faster on a petition than a company encountering the visa for the first time. Time matters more during a grace period than at any other point in a job search.

Migrate Mate lists U.S. employers actively sponsoring H-1B visas, so you can focus your search on companies that are already set up to move quickly.

Frequently asked questions