Understanding the H-1B Visa 60-Day Grace Period: Options and Considerations

The H-1B visa program allows U.S. employers to hire foreign professionals in specialty occupations such as IT, engineering, finance, and healthcare. In cases of employment termination, voluntary or involuntary H-1B visa holders are granted a 60-day grace period to take specific actions to maintain lawful U.S. immigration status.

This article outlines the purpose, eligibility criteria, options, and recent considerations related to this grace period.

Purpose of the 60-Day Grace Period

The 60-day grace period provides H-1B workers an opportunity to:

• Secure new employment: Find another U.S. employer willing to file a new H-1B petition.
  
  
• Change visa status: Apply to switch to another nonimmigrant category (e.g., B-2, F-1, H-4).
  
  
• Plan departure: Organize their return to their home country or another destination.
  
  

This grace period helps avoid sudden loss of legal status, especially during unexpected layoffs or transitions.

Eligibility Criteria

To qualify for the 60-day grace period:

• The individual must be in valid H-1B status at the time of employment termination.
  
  
• They must not have violated any visa terms prior to termination.
  
  
• The grace period is only granted once per H-1B petition validity period (not per job loss).
  
  

 Note: If the I-94 expiration date comes before the 60 days end, the grace period ends at the I-94 date.

Options During the Grace Period

1. Find a New H-1B Employer

• H-1B Portability: You can start working with a new employer as soon as they file the H-1B transfer petition (you don’t have to wait for approval).
  
  
• Timing is crucial: The new employer must file the petition before the 60-day window closes.
  
  

2. Change of Status

• To B-2 (Visitor): Apply for B-2 to stay legally and explore options, especially if more time is needed.
  
  
• To F-1 (Student): Enroll in a U.S. academic institution and apply for a change to F-1.
  
  
• To H-4 (Dependent): If your spouse holds H-1B status, you can transition to H-4.
  
  

 3. Depart the U.S.

• If no employment or status change is possible, exit the U.S. within the 60 days to avoid accruing unlawful presence, which can impact future visa eligibility.
  
  

Important Considerations

•  No Unauthorized Work: You cannot work unless a new H-1B petition has been properly filed.
  
  
•  Act Promptly: All filings—whether for change of employer or visa category—must be initiated within the 60-day period.
  
  
•  Visa or I-94 Expiry: If your I-94 or H-1B validity expires before 60 days, the grace period is cut short to that date.
  
  

Consult an immigration attorney to choose the best path and ensure compliance with U.S. immigration laws.

People Also Ask (PAA):

1. What is the 60-day grace period for H-1B visa holders?
   • A period allowing H-1B workers to find new employment, change status, or depart the U.S. after job termination.
2. Can I work during the H-1B grace period?
   • No, employment is not permitted unless a new H-1B petition is properly filed by a new employer.
3. How does H-1B portability work during the grace period?
   • It allows starting work with a new employer upon filing a new H-1B petition, without waiting for approval.
4. Can I change my status to B-2 during the H-1B grace period?
   • Yes, applying for a change to B-2 visitor status is an option within the 60-day period.
5. What happens if I don’t take action during the grace period?
   • Failure to act may result in the accrual of unlawful presence, affecting future immigration benefits.
6. Is the 60-day grace period automatic for all H-1B terminations?
   • Yes, it’s available once per authorized H-1B validity period, provided eligibility criteria are met.
7. Can I extend the 60-day grace period?
   • No, extensions are not permitted; actions must be taken within the designated timeframe.
8. Does the grace period apply if I resign from my job?
   • Yes, it applies to both voluntary resignation and involuntary termination.
9. Can I transfer to another nonimmigrant status during the grace period?
   • Yes, applying for a change to another status like F-1 (student) is possible within the 60 days.
10. What if my H-1B visa expires during the grace period?
    • The grace period is shortened to match the visa’s expiration date.