Does the 60 days start from my last day at work, or my last day of pay?

The grace period starts the day after termination, which is usually the last day you were paid a salary or wage. That is the date to count from, and it is not always the last day you went into the office.

Is it always a full 60 days?

No. It is up to 60 consecutive calendar days or the end of your authorized validity period, whichever is shorter. If your I-94 was already due to end before those 60 days run out, the earlier date is the one that governs.

Which visas does this cover, and does it cover my family?

It applies to E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers, and to their dependents. If you take no action, dependents are in the same position you are: they may need to depart within the 60 days, or when the validity period ends, whichever is shorter.

Can I start at a new employer before the petition is approved?

You can begin working for a new employer as soon as they have properly filed the new petition — you do not have to wait for it to be approved. That is portability, and it is why the filing date matters more than the decision date.

What are my options if no employer files for me in time?

Inside the grace period you can also file to change your nonimmigrant status, file to adjust status, or apply for a compelling circumstances employment authorization document. A new employer's petition is one route of several, not the only one.

Who can apply for a compelling circumstances work permit?

E-3, H-1B, H-1B1, L-1 and O-1 workers with an approved Form I-140 may apply for one where an immigrant visa is not yet available based on their priority date — which is the situation for most people waiting in a backlogged category.

What happens if the 60 days run out and I have done nothing?

If you take no action, you and your dependents may need to depart the United States within 60 days, or when your validity period ends, whichever is shorter. The options above all have to be started inside the window, not after it.

OfficialUSCIS — Options for Nonimmigrant Workers Following Termination of Employment · Last verified 6 Aug 2026

You lost your job on a work visa. You have 60 days.

Losing a sponsored job does not end your status that day. Most people on a work visa get a grace period of up to 60 days to act, and what you do inside that window decides whether you stay. Here is when the clock starts, what it is capped by, and the options that are open while it runs.

What this is

If you lose your job and hold an E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN visa (or are a dependent), you have up to 60 consecutive days after your last paid day to take action before you must leave the US. During this grace period you can find a new employer, change your status, apply for a green card, or apply for a special work permit. If you do nothing, you may have to depart within 60 days.

Source: USCIS — Options for Nonimmigrant Workers Following Termination of Employment

What you need

Grace period is up to 60 consecutive calendar days or the end of your authorized validity period, whichever is shorter.
The 60 days starts the day after termination, usually the last day you were paid a salary or wage.
Applies to E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN workers, plus their dependents.
A new employer can file a petition with an extension of stay request on your behalf during the grace period.
You can start working for a new employer as soon as they properly file the new petition — you do not have to wait for approval (portability).
You can file for a change of nonimmigrant status, adjustment of status, or a compelling circumstances employment authorization document.
E-3, H-1B, H-1B1, L-1, or O-1 workers with an approved Form I-140 may apply for a compelling circumstances EAD if an immigrant visa is not yet available based on their priority date.
If you take no action, you and your dependents may need to depart within 60 days or when your validity period ends, whichever is shorter.

Source: USCIS — Options for Nonimmigrant Workers Following Termination of Employment

What to do

Track your last paid day — your 60-day grace period starts the following day.
Within the grace period, choose one of these options: have a new employer file a petition for you, file to change your nonimmigrant status, file to adjust your status, or apply for a compelling circumstances employment authorization document.
If you have an approved Form I-140 and no immigrant visa is available, and you are on E-3, H-1B, H-1B1, L-1, or O-1 status, consider applying for a compelling circumstances employment authorization.
Do not let the grace period expire without taking action, or you and your dependents may have to depart the US.

Source: USCIS — Options for Nonimmigrant Workers Following Termination of Employment

Official

Frequently asked questions

Does the 60 days start from my last day at work, or my last day of pay?: The grace period starts the day after termination, which is usually the last day you were paid a salary or wage. That is the date to count from, and it is not always the last day you went into the office.
Is it always a full 60 days?: No. It is up to 60 consecutive calendar days or the end of your authorized validity period, whichever is shorter. If your I-94 was already due to end before those 60 days run out, the earlier date is the one that governs.
Which visas does this cover, and does it cover my family?: It applies to E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers, and to their dependents. If you take no action, dependents are in the same position you are: they may need to depart within the 60 days, or when the validity period ends, whichever is shorter.
Can I start at a new employer before the petition is approved?: You can begin working for a new employer as soon as they have properly filed the new petition — you do not have to wait for it to be approved. That is portability, and it is why the filing date matters more than the decision date.
What are my options if no employer files for me in time?: Inside the grace period you can also file to change your nonimmigrant status, file to adjust status, or apply for a compelling circumstances employment authorization document. A new employer's petition is one route of several, not the only one.
Who can apply for a compelling circumstances work permit?: E-3, H-1B, H-1B1, L-1 and O-1 workers with an approved Form I-140 may apply for one where an immigrant visa is not yet available based on their priority date — which is the situation for most people waiting in a backlogged category.
What happens if the 60 days run out and I have done nothing?: If you take no action, you and your dependents may need to depart the United States within 60 days, or when your validity period ends, whichever is shorter. The options above all have to be started inside the window, not after it.