Losing your job while holding a U.S. work visa can feel overwhelming—legal status, career plans, and financial stability are at stake. If you’re on an H-1B, L-1, or a similar work visa, here’s what you need to know to protect yourself and plan your next steps.
1. The 60-Day Grace Period: Understanding Your Safety Net
When your employment ends, H-1B and L-1 visa holders are generally granted a 60-day grace period. Key facts:
- Start Date: The grace period begins the day after your final working day (not the last day of payroll or severance).
During the grace period, you can:
- Secure a new job and have the new employer file a visa transfer, or
- Change your status to another lawful category (such as student or dependent)
Important: Being on severance or paid leave does not count as maintaining valid H-1B or L-1 status for immigration purposes.
2. Why You Should Act by Day 45
Transferring to a new employer requires a certified Labor Condition Application (LCA) from the U.S. Department of Labor, which can take up to a week. Delaying the process puts you at risk of overstaying.
Tips:
- Begin your H-1B transfer or change of status process by Day 45 of the grace period.
- If you haven’t secured a new position by then, consider applying to change to a visitor (B-2) or another temporary category to avoid falling out of status.
3. Considering Other Visa Types
EB-5 Investor Visa
If you have the financial means, an EB-5 visa (minimum $800,000 investment in a qualified U.S. project) offers a direct path to a green card without employer sponsorship. You may also qualify for concurrent Adjustment of Status, allowing you to live and work in the U.S. while your case is pending.
F-1 Student Visa
Returning to school is another option, but proceed with caution:
- Avoid programs promoting “Day One CPT”—they are under increased scrutiny.
- Only enroll in reputable, accredited institutions to avoid future immigration complications.
4. Temporary Status Changes
If your spouse holds valid H-1B or L-1 status, you may qualify to switch to a dependent visa (H-4 or L-2). This can give you more time to remain in the U.S. while you look for new employment.
Note: If you later receive a job offer, a new visa petition and possibly consular processing may be required to return to work.
Always consult an immigration attorney before making any changes.
5. Special Considerations for L-1 Visa Holders
The L-1 visa is employer- and position-specific. You generally cannot transfer to a different company unless it’s a qualifying affiliate and a new petition is filed.
If no internal transfer is available, your options may be:
- Changing to a different nonimmigrant status
- Departing the U.S. before the grace period ends
6. Green Card (PERM) Sponsorship: What If You’re in Process?
If your green card application was tied to your job (through PERM/Labor Certification) and you lose that job, the process typically cannot continue. A new employer will need to start from scratch.
If you’re close to the fifth year of H-1B status and anticipating layoffs, speak to an attorney immediately to build a backup strategy.
Final Thoughts
Losing a job on an H-1B, L-1, or similar visa is not the end of your U.S. journey—but time matters. The 60-day grace period moves quickly. Know your options, act early, and make informed decisions to stay protected.
NPZ Law Group Can Help
Whether you’re navigating a layoff, exploring your next visa option, or planning for long-term U.S. residence, the attorneys at NPZ Law Group are here to support you. We provide personalized guidance and help clients make smart transitions across all visa categories.
Contact us today to schedule a consultation and take the next step with confidence.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.