Layoffs and Visa Status Rules

What H-1B and other visa holders must do immediately after being laid off to protect their immigration status.

Overview

Losing a job is acutely stressful for temporary visa holders because it directly and immediately impacts your legal ability to remain in the United States. Swift, informed action is critical to protecting your immigration status.

For Indians Moving From India

Understanding layoff rules before arriving helps you build adequate emergency savings and contingency plans from day one. Knowing you have a 60-day window in the event of a layoff makes it easier to plan your finances and negotiate severance terms.

For Indians Already in the US

If you are laid off, the 60-day grace period clock starts immediately. During this window, you have three options: find a new employer to file an H-1B transfer, change to a different visa status (B-2, H-4, or F-1 if applicable), or depart the country.

Key Information

USCIS grants a 60-day grace period for H-1B, L-1, and O-1 workers who lose their jobs. The period begins on the last day you actively performed work — not on the last day severance payments arrive — and is capped at the remaining validity of your current I-94.

Requirements

To be eligible for the grace period, you must have been in valid nonimmigrant status at the time of layoff or termination.

Common Mistakes

Assuming your severance pay period extends your employment end date for immigration purposes. The 60-day grace period typically begins on the last day you actively worked, regardless of how long severance checks continue.

Practical Tips

If you are approaching the end of your 60-day grace period without a new job offer, file an I-539 to change status to B-2 visitor or H-4 dependent visa (if your spouse holds H-1B). This halts accrual of unlawful presence while you determine next steps.