Immigration Options After a Layoff

The 60-Day Grace Period

Since January 2017, most H-1B, H-1B1, L-1, O-1, and TN visa holders are entitled to a 60-day grace period after employment ends. During this period, you remain in valid status and can take the following actions:

• Find a new employer sponsor: A new employer can file an H-1B transfer petition on your behalf. You can begin working for the new employer as soon as the petition is filed (for H-1B portability).
• Change visa status: You can file to change to another visa status (B-1/B-2 tourist, F-1 student, etc.) before the grace period expires.
• Depart the United States: You can leave voluntarily and preserve your ability to return on a future visa.
• File for adjustment of status: If you have an approved I-140 with a current priority date, you may be able to file for adjustment of status independently.

H-1B Transfer After Layoff

The most common option for H-1B workers is to find a new employer willing to sponsor an H-1B transfer. Under AC21 portability, you can start working for the new employer as soon as the new H-1B petition is received by USCIS — you do not need to wait for approval. The new petition must be filed before your 60-day grace period expires, and you must have maintained valid status up to that point.

Using Your I-140 Approval

If your former employer filed and USCIS approved an I-140 immigrant petition on your behalf, that approval may survive the layoff depending on how long it has been approved:

• I-140 approved for 180+ days: The approval is portable under AC21. You can use the priority date with a new employer's green card sponsorship, and the I-140 cannot be revoked by the former employer.
• I-140 approved for less than 180 days: The former employer can revoke the I-140, losing your priority date and approved petition.

Options Beyond H-1B Transfer

If finding a new H-1B sponsor within 60 days proves difficult, consider these alternatives:

• O-1A visa: If you have extraordinary ability, a new employer or agent can file an O-1A petition with no cap or lottery restrictions.
• EB-2 NIW: Self-petition for a green card based on national interest. This does not require an employer sponsor.
• Change to B-2 status: Provides temporary legal presence (up to 6 months) while you explore options, but you cannot work on B-2.
• Change to F-1 status: Enroll in a degree program to maintain status. CPT or OPT may provide future work authorization.
• Start a company: Explore E-2 (if treaty national), O-1A through an agent, or H-1B self-sponsorship through a new startup.

What NOT to Do

Do not continue working for any employer without valid authorization. Do not overstay your grace period — overstaying can trigger 3-year or 10-year bars on reentry. Do not sign severance agreements that waive your immigration benefits without legal review. Do not assume your employer will notify USCIS of the termination — they are required to, but the timeline and impact on your status depend on specific circumstances.

Action Checklist After Layoff

Within the first week: consult an immigration attorney, determine your exact grace period end date, begin job searching with sponsors, and review your I-140 status. Within 30 days: have a new H-1B transfer filed or a change of status application submitted. Maintain documentation of all dates, communications, and filing receipts.