What to Know Wednesday

What Happens If You Lose Your Job on a Work Visa?

Losing your job is stressful enough—but if you are in the U.S. on a work visa like the H-1B, L-1, or O-1, the stakes are even higher.  Your immigration status is directly tied to your employment, and a termination can trigger a countdown that affects your ability to stay in the country.
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Here is what you need to know:

1.  The 60-Day Grace Period Explained

If your employment ends while you are in valid H-1B, L-1, O-1, or similar status, you may be eligible for a one-time 60-day grace period (or until your I-94 expires, whichever comes first).  During this period, you can stay in the U.S. without working while you take steps to maintain your immigration status.

This time can be used to:

• Find a new employer and file a transfer petition
• Apply for a change of status (e.g., to a dependent, student, or visitor status)
• Prepare to depart the U.S. in an orderly manner

2.  Grace Period Is Not Automatic for Everyone

The 60-day grace period applies only if you were in valid status at the time of termination and only once per authorized stay.  If you have already used a grace period following a previous job loss during the same stay, you may not be eligible again until after leaving and reentering the U.S. with a new visa approval.

3.  Filing a New Petition Quickly Matters

To maintain work authorization, a new employer must file a petition before the end of the 60-day period.  If the petition is filed on time, you may begin working for the new employer as soon as USCIS receives the case, depending on your visa category.
Waiting too long may mean you lose the ability to switch employers without leaving the country.

4.  Not All Options Preserve Work Authorization

Filing to change to a different status (such as B-2 visitor or F-1 student) may allow you to stay in the U.S., but does not grant work authorization.  If your ultimate goal is to return to employment, you will need a new petition and approval before resuming work.

Plan Ahead to Protect Your Status

If you are laid off or your employment is ending, the clock may already be ticking.  Speak with an immigration attorney as soon as possible to explore your options, confirm your eligibility for a grace period, and take action to preserve your long-term immigration goals.
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At Stommes Immigration, we help professionals navigate job transitions, grace periods, and complex status questions with clarity and strategy.  For personalized guidance, contact us at [email protected].

If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help.  At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.
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The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice.  To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].