Laid Off on an H-1B, O-1, or L-1: Your Options, and the 60-Day Clock

The clock

Workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN status, and their dependents, can be treated as still in status for up to 60 consecutive days after their employment ends, or until their authorized period ends if that comes sooner. The rule is 8 CFR 214.1(l)(2), and it applies whether you quit or were laid off.

USCIS’s guidance on options after termination, now archived but still the agency’s fullest explanation, sets out how the clock works:

• It starts the day after the last day you are paid, so a paid notice period does not count against it
• It is available once per petition validity period
• It ends the moment you leave the US
• You cannot work during it unless something else authorizes you to
• A spouse’s work authorization stays valid while it runs

The period can also stretch past 60 days: if you file a qualifying petition or application before the grace period ends, you generally remain in a period of authorized stay while it is pending, even after day 60.

Your options

There are seven routes. They differ most in whether you can work while the filing is pending.

A new H-1B employer

H-1B portability under INA 214(n) lets an H-1B worker start with a new H-1B employer as soon as that employer properly files a new petition, without waiting for approval. The new employer needs a certified labor condition application first, which the Department of Labor usually issues within seven working days, so a job offer in the first few weeks leaves enough time.

A new employer under a different visa

An O-1A, TN, E-3, or H-1B1 petition filed during the grace period keeps you in a period of authorized stay while it is pending, but you cannot start the new job until it is approved. Premium processing brings an I-129 decision to 15 business days. The O-1A has an added advantage: a US agent can file one petition covering work for several employers, which suits consultants and founders.

A self-petitioned green card

EB-1A petitioners and EB-2 national interest waiver applicants do not need an employer. If the priority date would be current, the I-140 can be filed together with an I-485, and a pending I-485 puts you in a period of authorized stay with the right to apply for a work permit. A renewal work permit no longer extends automatically while it is pending, so plan the renewal early. This is the only route that takes your US status off any employer’s hands entirely, and the EB-1A self-petition guide covers who qualifies.

Dependent, visitor, or student status

A worker whose spouse holds H-1B, L-1, E, or similar status can change to the matching dependent status. L-2 and E spouses are employment authorized incident to status, while H-4 spouses need an approved EAD and must meet its separate eligibility rules. Changing to B-2 visitor status buys time to search and interview, though not to work, and USCIS says a pending or approved I-140 does not by itself bar that change. F-1 status allows only limited work.

A compelling circumstances EAD

A worker with an approved I-140 whose priority date is not current may qualify for a one-year compelling circumstances work permit under 8 CFR 204.5(p). It is discretionary and comes with a cost: working on it ends your nonimmigrant status, so you cannot later change status inside the US, and when the priority date becomes current you would generally finish the green card through a consulate abroad.

Departure

Leaving is always available, and for some workers it is the simplest choice. For an involuntary termination, the H-1B employer, or the O-1 employer and petitioner, must pay reasonable return transportation to your last foreign residence. H-1B workers can be readmitted later for any time remaining on their six years.

If a green card case is already underway

An I-485 pending 180 days or more

Under AC21 job portability, an I-485 that has been pending at least 180 days, with a valid I-140 behind it, can move to a new job in the same or a similar occupation. You stay in the green card process through the layoff and report the new job on Supplement J.

An I-140 approved 180 days or more

An I-140 that has been approved for 180 days or more is not automatically revoked if your employer withdraws it, and you keep its priority date for a future petition. An approved I-140 can also support H-1B extensions beyond the usual six-year limit while the priority date is not current, and it is the basis for the compelling circumstances work permit described above.

If DHS removes the grace period

On September 11, 2026, DHS proposed eliminating the discretionary 60-day grace period. Under the proposal, a worker whose job ends would be expected to depart unless something else authorized the stay. DHS’s own count shows how often the grace period is used: an average of 65,752 workers a year in these categories lost or changed jobs from FY2021 to FY2025, and new employers filed petitions within the grace period for about 3,795 of them each year.

The proposal is not final, and comments close November 10, 2026. Until a final rule takes effect, the grace period works as described here. If the rule is finalized, the options in this guide would generally need to be filed before the last day of employment rather than after it, which makes a plan worked out in advance, and a route like the O-1A or a self-petitioned green card that does not depend on one employer, worth more than it is today. The analysis of the proposal covers the details.