Updated October 28, 2026

The H-1B 60-day grace period after a layoff: what the rule says and what it means for your next stamping

As of October 28, 2026, the regulation at 8 CFR 214.1(l)(2) still gives H-1B workers whose job ends a grace period of up to 60 consecutive days, or until the end of their authorized validity period if that comes first, once per validity period. You can't work during it, and DHS may shorten or eliminate it. On September 11, 2026, DHS published a proposed rule to remove this grace period. A proposal isn't in effect, and the regulation text hasn't changed. Your options depend on your own facts, so talk to an immigration attorney as soon as your job ends.

This page is general information. For your case, talk to an immigration attorney before you act. Deadlines in a layoff are short and depend on details this page can't see.

What the regulation says

The grace period lives in one paragraph of the Code of Federal Regulations, 8 CFR 214.1(l)(2). In plain words, it says:

• Who: workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN classification, and their dependents.
• What: they "shall not be considered to have failed to maintain nonimmigrant status solely on the basis of a cessation of the employment" their classification was based on.
• How long: up to 60 consecutive days, or until the end of the authorized validity period, whichever is shorter.
• How often: once during each authorized validity period.
• Discretion: "DHS may eliminate or shorten this 60-day period as a matter of discretion."
• Work: unless otherwise authorized, you may not work during this period.

The eCFR copy we checked was up to date as of October 26, 2026, and the paragraph read as above.

A separate rule, 8 CFR 214.1(l)(1), allows up to 10 days after the validity period ends. That is a different grace period, tied to the end of your approved validity, not to a layoff.

Who it covers and what it doesn't do

It covers a job ending, whether you quit or were let go. The regulation speaks of a "cessation of the employment." It doesn't limit this to layoffs.

It doesn't give you work authorization. The regulation says you may not work during the period unless something else authorizes it.

It's discretionary. The words "up to" and "DHS may eliminate or shorten" mean it's discretionary.

It doesn't extend your stay past your validity period. If your approved period ends in 30 days, you get 30, not 60.

Your employer may owe return travel. Under 8 CFR 214.2(h)(4)(iii)(E), an H-1B employer that dismisses a worker before the end of the authorized admission period is liable for the reasonable cost of return transportation abroad. The regulation says a worker who quits hasn't been dismissed.

What USCIS has published about options after a layoff

USCIS had a page called "Options for Nonimmigrant Workers Following Termination of Employment." As of October 28, 2026, that page sits in the USCIS archive with a note that its information is out of date. Its last update was January 24, 2025. We found no current USCIS page that replaces it.

Because USCIS marks it out of date, treat it as background only. Here's what it listed. When a worker's job ends, they "typically may take one of the following actions, if eligible":

1. File an application for a change of nonimmigrant status.
2. File an application for adjustment of status.
3. File an application for a "compelling circumstances" employment authorization document.
4. Be the beneficiary of a nonfrivolous petition to change employer.

The archived page also said the grace period ends if you leave the United States during it.

Which of these, if any, fits you is a legal question. An immigration attorney can check it against your dates, your family's status and anything pending.

The proposal to remove the grace period

You may have seen news that the 60-day grace period is "gone." Here's what DHS has actually published, as of October 28, 2026:

• What: a notice of proposed rulemaking titled "Eliminating the Discretionary 60-Day Grace Period," from USCIS and DHS.
• When: published in the Federal Register on September 11, 2026 (document 2026-18631).
• What it would do: remove 8 CFR 214.1(l)(2). DHS says this would restore its earlier policy of not giving these workers an up to 60-day grace period when employment ends.
• Comments: due by November 10, 2026.

A proposed rule is not a final rule. The regulation text quoted above is what was in force on the date we checked. A final rule, if one comes, would be published in the Federal Register with its own effective date.

This changes fast. Check the eCFR and USCIS yourself, and ask an immigration attorney what applies on the day your job ends.

What this means for your next visa stamping

The grace period is about your status inside the US. A visa stamping interview is a separate step, at a US embassy or consulate abroad, under the State Department. Here's what its rules say officers do with H-1B cases, and why your layoff history can come up.

The officer starts from your petition. The Foreign Affairs Manual says an approved petition is prima facie evidence that the classification requirements were met. It also says approval "does not relieve the applicant of the burden of establishing visa eligibility," and tells officers to confirm the facts in the petition are true during the interview.

A new employer means a new petition to talk about. If you moved to a new employer, the officer will look at the petition your new employer filed. Know its basics as well as you know your job: employer, title, worksite, salary and start date.

Your work history should be easy to follow. If there was a gap between jobs, it's part of your history. The officer may ask about it. Answer truthfully, with dates. Don't hide a gap or blur when one job ended and the next began.

Doubts go back to USCIS, not into an argument. The Foreign Affairs Manual says that if an officer has reason to believe you're not entitled to the classification in the petition, the officer refuses under 221(g) and returns the petition to USCIS for reconsideration. See 221(g) and administrative processing.

Your current visa stamp and a new employer. Whether you can travel on an existing H-1B stamp after changing employers depends on your case. We didn't find a State Department page that settles it for every situation. Ask your attorney before you book travel.

Questions to expect at the stamping interview

From Visaful's question bank, these are the questions most tied to a job change or a layoff:

"Where did you work before, and why did you switch?"

• Why they ask: your history should make sense and match your forms.
• What a strong answer does: names each recent employer in order, with one true reason for each move, including a layoff if there was one.

"What will you do if you're laid off?"

• Why they ask: it tests whether you understand the rules of your status.
• What a strong answer does: shows you know there are limits and that you'd follow them, without guessing at legal details.

"Did you work for this employer before the H-1B was approved?"

• Why they ask: working without authorization is a serious issue.
• What a strong answer does: gives the true start date and the basis you worked on.

"Who is your employer, and what does the company do?"

• Why they ask: the basic check that the employer is real and you know it.
• What a strong answer does: one clear sentence about the company and your role in it.

"How long is your project, and what happens when it ends?"

• Why they ask: the officer wants to see the job is real and ongoing.
• What a strong answer does: gives the real dates and what your employer has planned after.

"Is this your first H-1B stamping? Have you been to the US before?"

• Why they ask: your history in the US is part of your record.
• What a strong answer does: answers accurately, with dates if asked.

For the full list, see H-1B visa interview questions.

This is interview practice, not legal advice. For questions about your own case, talk to an immigration attorney. Visaful is not affiliated with the U.S. government or the Department of State.