Understanding your rights and options if you face termination during the H-1B process.
One of the most anxiety-inducing scenarios for international workers is the possibility of being fired while an H-1B petition is pending with USCIS. The short answer is yes — U.S. employment is at-will, and employers can terminate you even during the H-1B process. But understanding the legal framework, your grace period options, and how to protect yourself can make a critical difference in your outcome.
| Company | Total H-1B Filings |
|---|---|
| Amazon | 55,150 |
| Microsoft | 34,626 |
| 33,416 | |
| Infosys | 32,840 |
| Tata Consultancy Services | 28,950 |
| Cognizant | 26,700 |
| Deloitte | 18,200 |
| Apple | 15,800 |
| Meta | 14,900 |
| JPMorgan Chase | 12,400 |
The United States operates under at-will employment in most states, meaning either the employer or employee can end the relationship at any time, for any legal reason. This applies regardless of whether an H-1B petition is pending. However, there are important protections and options available to H-1B workers who face termination.
If you are terminated while on an existing H-1B status and a transfer or extension is pending, the pending petition is typically denied. However, the 60-day grace period (established under the 2017 final rule) begins from the date of termination, giving you time to find a new sponsor or change your immigration status.
If you are on OPT or another status and your H-1B petition (change of status) is pending, termination may not immediately affect the pending petition — but you need to consult an immigration attorney immediately, as the specifics depend on your exact status and the petition type.
A: You have a 60-day grace period (or until your I-94 expires, whichever is shorter) to find a new H-1B sponsor, change to another visa status, or depart the U.S. This grace period was formalized in 2017 and applies once per authorized validity period.
Q: Can I use H-1B portability if I'm fired?
A: Yes. If you find a new employer within the 60-day grace period who files an H-1B petition on your behalf, you can begin working for that employer as soon as the petition is filed (not approved). This is known as H-1B portability under AC21, and it is the most common path forward after termination.
If you are facing termination or planning ahead, use Wisa to find verified H-1B sponsors in your field. Companies with strong filing histories are more likely to support quick transfers. Search H-1B sponsors on Wisa →
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Search H-1B Sponsors on Wisa →Yes. U.S. employment is at-will, meaning your employer can terminate you at any time regardless of pending immigration petitions. If you are terminated while on H-1B status, you have a 60-day grace period to find a new sponsor, change status, or depart the country.
The 60-day grace period allows H-1B workers who are terminated to remain in the U.S. for up to 60 days (or until their I-94 expires, whichever is shorter) to find a new employer, file a change of status, or arrange departure. This applies once per authorized validity period and was established by USCIS in 2017.
Yes. Under H-1B portability rules (AC21), if a new employer files an H-1B petition on your behalf within the 60-day grace period, you can begin working for them as soon as the petition is received by USCIS. You do not need to wait for approval. This is the most common recovery path after termination.
Absolutely. Immigration attorneys recommend maintaining relationships with potential alternative employers, keeping your resume updated, and understanding your options (H-1B transfer, B-1/B-2 change of status, departure). Wisa can help you identify companies with strong H-1B filing histories for contingency planning.