The 60-day grace period is a regulatory window during which a worker in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN status — and that worker's dependents — is not considered to have violated nonimmigrant status solely because the employment on which that status was based has ended, per 8 CFR 214.1(l)(2). The period runs for up to 60 consecutive calendar days or until the end of the authorized validity period, whichever comes first. As USCIS describes it, this is a discretionary period: DHS retains the authority to shorten or eliminate it.
How the Grace Period Works
USCIS describes the grace period as an opportunity to maintain status after employment ends. The count begins on the day employment terminates — the last day of work — and runs for up to 60 consecutive calendar days or until the date on the I-94 expires, whichever is earlier. If the I-94 has already expired, the grace period is not available. The provision was established by the final rule "Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers" (81 FR 82398, published November 18, 2016, effective January 17, 2017).
As USCIS describes, during this window a worker may preserve an authorized period of stay by timely filing — before nonimmigrant status expires — an application to change nonimmigrant status, an application for adjustment of status, an application for a compelling circumstances Employment Authorization Document (EAD), or by becoming the beneficiary of a non-frivolous petition for a change of employer. USCIS notes that when discretion is exercised favorably, status during this period is considered to have been maintained.
According to USCIS, before the rule took effect, a worker who lost employment and filed a late extension or change of status had to invoke favorable discretion under 8 CFR 214.1(c)(4) and 8 CFR 248, demonstrating, among other things, extraordinary circumstances. As an analytical source describes, prior to January 17, 2017, a worker who lost a job was immediately considered to have violated status, with no period available for departure.
Portability and Departure
USCIS indicates that eligible H-1B workers may begin working for a new employer as soon as that employer properly files a new H-1B petition (Form I-129) for a change or extension of H-1B status — without waiting for approval. This is the portability rule under INA 214(n) and AC21.
Regarding departure, USCIS notes that workers may choose to leave the United States. For H-1B and O workers who depart following an involuntary termination of employment, reasonable return transportation costs are the responsibility of the H-1B employer or the O employer/petitioner, per 8 CFR 214.2(h)(4)(iii)(E) and 214.2(o)(16).
What Does the 60-Day Grace Period After an H-1B Layoff Give You?
Under 8 CFR 214.1(l)(2), a worker is not considered to have failed to maintain status solely due to the termination of employment for up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter. As an analytical source describes, this window provides time not only for departure but also the opportunity to transition to another employer who can file an extension or change of status, or to change status independently — for example, to F-1 following enrollment in an academic institution.
When Do the 60 Days Start Counting?
As USCIS describes, the starting point for the 60-day count is the termination of employment — that is, the last day of work. The period runs for up to 60 consecutive calendar days or until the end of the authorized validity period shown on the I-94, whichever comes first; if the I-94 has already expired, the grace period is not available.
How Many Times Is the Grace Period Available?
As USCIS describes, the maximum 60-day grace period is available once during each authorized validity period of an employer's petition. The language of 8 CFR 214.1(l)(2) frames this as "once during each authorized validity period." USCIS notes that a new employer petition carrying a new validity period may carry its own new 60-day grace period. As USCIS describes, the up-to-60-day window may apply to both voluntary and involuntary terminations of employment.
Does This Period Apply to F-1 Students on OPT?
As USCIS describes, the maximum 60-day grace period does not apply to F-1 students on post-completion OPT — separate unemployment limits govern that category.