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
Last updated: December 2025
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 |
Test Your Knowledge
When does the 60-day grace period start for H-1B holders who are laid off?
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D