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Official8 CFR 214.1(l)(2) · Last verified
Laid off on a work visa: the first 48 hours
A short, ordered checklist for the moment it happens, so nothing that is time-limited gets missed while you are dealing with everything else.
Know which doors are open
Inside the grace period a new employer can file an H-1B petition and you may begin work as soon as it is received. You can file a change of status to H-4, F-1, B-2 or another category you qualify for. Filing before the grace period ends keeps you in a period of authorized stay while it is decided.
Source: 8 CFR 214.1(l)(2) · in effect from 2017-01-17
Health coverage and money
Losing job-based health coverage is a qualifying life event for a special enrolment period on the health insurance marketplace, and COBRA continuation may be available from your employer's plan. Both have deadlines measured in days from the loss of coverage, so find out which applies before the week is out.
Source: 8 CFR 214.1(l)(2) · in effect from 2017-01-17
One number here to check rather than remember
The 60 days on this page is the rule in force, and it is also under review. On 6 August 2026 the Department of Homeland Security sent a proposed rule titled "Eliminating the Discretionary 60-day Grace Period" to the Office of Information and Regulatory Affairs, under the identifier 1615-AD22. A rule at that stage has not been published and has not taken effect, so the deadline this page describes is unchanged. It matters here because this is a checklist people come back to weeks after the day it was written for: the Office of Information and Regulatory Affairs publishes the status of pending rules under their identifier on reginfo.gov, and that is the thing to look at before counting on a number you read once.
Source: 8 CFR 214.1(l)(2) · in effect from 2017-01-17
Get the dates in writing
Ask your employer in writing for your last day of employment, the last day of your health coverage, and confirmation of whether they will pay for return transportation. The last day of employment is what starts your grace period, so it is the single most important date to have documented.
Source: 8 CFR 214.1(l)(2) · in effect from 2017-01-17
Find your real deadline
Look up the expiry date on your most recent I-94 at the CBP website. Your grace period is up to 60 consecutive days from your last day of employment or the end of your authorized validity period, whichever is shorter. If your I-94 expires first, that earlier date is your deadline, and a great deal of general advice about 60 days will not apply to you.
Source: 8 CFR 214.1(l)(2) · in effect from 2017-01-17
Official
Frequently asked questions
- What is the single most important thing to do first?
- Get your last day of employment in writing and check the expiry date on your current I-94. Those two dates together give you your real deadline, which may be shorter than 60 days.
- Can I stay if I file a change of status?
- Filing a change of status before your grace period ends keeps you in a period of authorized stay while USCIS decides it.