A presidential advisory committee suggested the grace period for H-1B visa holders who have been laid off be extended. Currently, H-1B holders must find new qualifying employment within 60 days of termination. The recommendation is to extend the grace period to 180 days, or six months.

Laid-off H-1B holders are facing pressure to find new employment within the time frame. Without it, individuals are required to leave the United States after the 60-day period. Within the 60 days, individuals must find qualifying employment and complete the documentation required to transfer their H-1B, which, when filed, may face continued backlogs in processing.

In 2023, several companies that are employers of many H-1B visa holders announced layoffs. Meta, the parent company of Facebook, Google, Amazon, and Microsoft, among others, laid off thousands of workers.

If the H-1B grace period extension recommendation is adopted, it may take some time to activate.

ILBSG continues to actively monitor ongoing U.S. immigration policy and potential updates. If you have questions about your H-1B or any other immigration-related issue, contact us at ILBSG. Our team of attorneys has extensive experience with employment-based visas. We work with our clients in their particular situations to ensure they get the right advice.

h-1b H-1B Grace Period