Statutory Regulation (8 CFR § 214.1(l)(2)): The 60-day grace period grants up to 60 consecutive calendar days (or until Form I-94 expiration, whichever is shorter) to maintain lawful status following employment termination.
Four Legal Pathways During Grace Period
| Option | Action Required | Legal Impact |
|---|---|---|
| 1. H-1B Change of Employer | New employer files Form I-129 H-1B petition before Day 60. | Eligible portability work authorization can begin upon qualifying Form I-129 filing. |
| 2. B-2 Visitor Visa Bridge | File Form I-539 for B-2 visitor status before Day 60 to continue job search. | A timely, nonfrivolous COS request can provide a period of authorized stay while pending; it does not itself grant B-2 status. |
| 3. Change to Dependent Status | File Form I-539 to change status to H-4/L-2 dependent before Day 60. | May provide a lawful immigration basis if the dependent COS is timely filed and ultimately approved. |
| 4. Depart the United States | Depart the U.S. on or before Day 60 of grace period. | Ends the U.S. stay and avoids remaining beyond the applicable period of authorized stay. |
60-Day vs. 10-Day Grace Period Comparison
- 60-Day Grace Period (8 CFR 214.1(l)(2)): A discretionary grace period of up to 60 consecutive calendar days may apply after qualifying cessation of employment before the petition validity period ends, or until the end of the authorized validity period if earlier.
- 10-Day Post-Validity Period (8 CFR 214.2(h)(13)(i)(A)): Up to 10 days may be available following the end of the H-1B petition validity period for qualifying workers to depart or take other lawful immigration action. It does not authorize employment after the petition validity period ends.
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Frequently Asked Questions (FAQ)
No. A timely, nonfrivolous Form I-539 can generally provide a period of authorized stay while USCIS adjudicates the requested change, but filing alone does not grant the requested B-2, H-4, or L-2 status. USCIS must approve the change of status for the new status to take effect.
The 60-day discretionary grace period under 8 CFR § 214.1(l)(2) may apply when qualifying H-1B employment ends before the petition's validity period expires. It can provide up to 60 consecutive calendar days, or until the end of the authorized validity period, whichever is shorter. Separately, 8 CFR § 214.2(h)(13)(i)(A) provides a period of up to 10 days following the end of the H-1B petition validity period for qualifying workers to depart or take other lawful immigration action; the 10-day provision does not itself authorize employment.
During an applicable grace period, an H-1B worker may be able to: 1) have a qualifying new employer file an H-1B petition using AC21 portability; 2) timely file Form I-539 requesting a change to B-2 status; 3) request qualifying H-4 or L-2 dependent status; or 4) depart the United States. Each option has separate eligibility and filing requirements.
No. The 60-day grace period itself does not authorize employment. An eligible H-1B worker may generally begin qualifying new employment under AC21 portability when the new employer files a nonfrivolous Form I-129, provided the statutory portability requirements are satisfied; the worker does not have to wait for the I-797C receipt notice.
The regulation provides a discretionary grace period of up to 60 consecutive calendar days once during each authorized validity period, or until the end of that validity period if earlier. DHS may shorten or eliminate the grace period.
If the applicable grace period expires without another valid immigration basis, the worker may no longer maintain H-1B nonimmigrant status. Unlawful-presence consequences depend on the individual's period of authorized stay and circumstances, so it should not be stated as an automatic INA § 212(a)(9)(B) violation beginning on day 61 in every case.
Severance pay or accrued PTO does not automatically extend H-1B status or the grace period. The relevant date is the actual cessation of qualifying employment, documented consistently with the employment and immigration records; payment arrangements by themselves do not determine the immigration deadline.
Official USCIS References
• USCIS Nonimmigrant Options Following Termination: uscis.gov/nonimmigrant-options
• eCFR 8 CFR § 214.1 Requirements for Admission: ecfr.gov/8cfr214.1