You're on the U.S. site — severance, unemployment, COBRA, WARN, H-1B.In India? Switch to the India site →
Updated August 27, 2026 · educational only, not legal advice

Laid Off on a Work Visa? Start Here

Which guide you need depends on four things: your classification, your I-94 date, whether a new employer is lined up, and whether an approved I-140 is in play. This page routes you to the right one — H-1B, L-1, O-1, TN or another status.

Written by Deepak Updated August 27, 2026
Immigrant with nearly 20 years of U.S. experience Reviewed against official guidance

Quick Answer

Where do I start after a work-visa layoff?

Two facts decide almost everything else. Your classification determines whether a new employer can take over your existing status — H-1B is portable, L-1 effectively is not, O-1 needs a fresh petition, TN differs by citizenship. And your I-94 date determines your actual deadline, which is often earlier than people assume.

The grace period at 8 CFR 214.1(l)(2) is discretionary, runs up to 60 days or until your authorized validity ends — whichever is shorter — and does not authorize work on its own. Pull your latest I-94 before you read anything else, then pick your route below.

Estimated time
2 minutes to find your page
What you need
Your classification and your most recent I-94

Not sure which applies to you?

The visa layoff decision tree asks about your status, your I-94, whether you have a sponsoring employer and whether an I-140 is involved — then shows which questions actually apply to your situation and which pages answer them. It runs in your browser and stores nothing.

Open the decision tree

Start with your classification

The single biggest fork is whether your status can move to a new employer. These differ enough that reading the wrong one wastes days you may not have.

H-1B

The most portable of the work statuses after a layoff: a new employer can file a transfer, and you may be able to begin work on the receipt notice rather than waiting for approval. That portability is the reason most H-1B decisions come down to how fast you can find a sponsor. Start with the action plan, then use the countdown to fix your real deadline.

H-1B action plan

L-1A / L-1B

L-1 is the hardest case, because it depends on a qualifying corporate relationship between your employer abroad and the U.S. entity — something a new company cannot simply take over. There is no L-1 equivalent of H-1B portability. Most L-1 workers are choosing between a different role inside the same multinational group, a change of status, or a switch to another classification entirely.

L-1 after a layoff

O-1

O-1 is petition-based and tied to a specific employer or agent, so a new opportunity generally means a new petition rather than a transfer. There is no annual cap to wait for, which helps — but there is also no portability, so the timing question is how quickly a new petitioner can file. Your existing evidence of extraordinary ability usually carries over.

O-1 after a layoff

TN

TN status is employer-specific and comes with a route that differs for Canadian and Mexican citizens, which changes both where you file and how fast a new employer can act. It is worth confirming early whether your plan is to stay in the United States and change employers or to re-enter with a new offer, because those are different processes.

TN after a layoff

H-4, F-1 OPT, E-3 and others

Dependent and student statuses run on different clocks entirely. H-4 status follows the primary worker, so a layoff in the family can affect a spouse's status and any H-4 EAD. F-1 OPT and STEM OPT have unemployment-day limits that are far less forgiving than a grace period. If you are in one of these, the decision tree is the fastest way to see which questions apply to you.

Work through the decision tree

Then narrow by your situation

Most people match more than one of these. Work them in the order they appear — timing first, because it constrains every other choice.

My I-94 expires before day 60

Then day 60 is not your deadline — the earlier date is. This is the single most common miscalculation, and it is why the countdown asks for your I-94 date rather than assuming a flat 60 days from your last day.

Calculate your real deadline

A new employer is ready to sponsor me

The question becomes what the new employer needs from you and how quickly they can file. The checklist covers the documents to hand over, the questions to ask about timing, and the I-94 details that decide whether you can start work on the receipt.

Transfer checklist

I have an approved I-140

An approved I-140 affects your priority date and can support H-1B time beyond the usual six-year limit, but it is not a substitute for maintaining status. What it does and does not protect after a layoff is the whole subject of that page.

What an approved I-140 changes

I am thinking about changing status

H-4, B-2 and F-1 are each possible in the right circumstances, and each has a timing trap. Almost none of them authorize work on their own, so if you need to keep earning, a transfer is usually the path rather than a change of status.

Change of status options

No employer yet — I need to prepare

Collect your I-797s, I-94, paystubs and separation letter while you still have HR and email access, and get an attorney consult booked. The checklist covers what to gather; the question builder turns your situation into a list to bring to that consult.

Layoff checklist

Flag what applies and see the warnings

Toggle the chips that describe your situation. Each one surfaces the educational warning that goes with it, so you can see quickly which risks are yours and which are not.

Self-assessment filters

Tap everything that applies to you. Personalized warnings appear below.

Visa status

Situation

Risk factors

Select the filters above to see personalized, educational warnings for your situation.

Every guide in this cluster

Grouped by what you are trying to do rather than alphabetically.

Work out your timing

Move to a new employer

Plan and get advice

Frequently asked questions

Which visa layoff page should I read first?

Start with your classification, because the rules diverge sharply: H-1B is portable and L-1 is not, O-1 needs a new petition, and TN differs by citizenship. Once you know which status page applies, the second question is your timing — specifically whether your I-94 ends before your grace period would. If you are unsure on either, the visa layoff decision tree walks through both in order.

Does the 60-day grace period apply to every work visa?

The regulation at 8 CFR 214.1(l)(2) names E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, TN. It is discretionary rather than guaranteed, it runs up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter, once during each authorized validity period, and it does not by itself authorize work. The dedicated grace-period page covers what that means in practice, including the quoted regulatory text.

Can I work during the grace period?

Generally no. The regulation states that unless otherwise authorized, a person may not work during the grace period. The common exception people are thinking of is H-1B portability, where work can sometimes begin once a new employer files a non-frivolous petition — that is a different rule from the grace period itself, and it is covered on the transfer page.

Is any of this legal advice?

No. Every page in this cluster is educational. Immigration outcomes turn on your specific status history, I-94 record, prior grace-period use and individual facts, and the rules change. Use these pages to arrive at an attorney consult prepared, not to replace one.

Before you act on any of this

Immigration outcomes depend on your specific status, history, and facts, and the rules change. This page is educational only and is not legal advice. Confirm everything with a licensed immigration attorney or official USCIS guidance before acting.

Sources & references

Primary sources for the grace-period and status rules referenced across this cluster. USCIS policy and the underlying regulations change — confirm current details with the official source or a licensed attorney before acting.

Everything in this section

H-1B 60-Day CountdownYour planning window mapped to a date, and what to file before it closes.OpenThe 60-day grace periodA discretionary window of up to 60 days — or your I-94 date, whichever is sooner.OpenH-1B layoff action planWhat to do in week one, month one, and before the window closes.OpenH-1B transferWhat a new employer has to file, and how the timing interacts with your last day.OpenTransfer checklistThe documents and dates to have ready before a new employer files.OpenApproved I-140Priority date retention, the 180-day question, and what does not carry over.OpenChange of statusSwitching to a dependent or visitor status instead of leaving, and the trade-offs.OpenAll your optionsTransfer, change status, depart, or something else — laid out side by side.OpenH-1B layoff checklistEverything to collect and confirm in the days after a visa-holder layoff.OpenQuestions people actually askThe recurring forum questions, answered without the forum guesswork.Open2026 rule change trackerWhere the proposed change to the grace period currently stands.OpenQuestions for an attorneyThe list worth taking into a paid hour so none of it is wasted.OpenAttorney question builderAnswer a few questions and get a printable list for your consultation.OpenVisa decision treeWork through the branches to see which questions actually apply to you.OpenL-1 visa layoffWhy an L-1 layoff is not an H-1B layoff, and what the group structure changes.OpenO-1 visa layoffPetition-specific status, dependants, and the routes back to work.OpenTN visa layoffStaying versus re-entering, and why the TN route works differently.Open
Deepak Middha, Founder of LayoffNext
Deepak MiddhaFounder of LayoffNext

Deepak Middha is the founder of LayoffNext and a Chartered Accountant (ICAI, India). A U.S. immigrant with nearly 20 years of experience — and 17 years in hedge fund and private equity administration, including as Vice President of Fund Accounting at NAV Fund Administration Group and Associate Director of Private Equity and Real Estate at SS&C Technologies — he builds free, plain-language layoff tools and guides for employees, H-1B workers, and immigrant families.

Updated July 2, 2026
LayoffNext Weekly

Layoff recovery tips for employees

Get practical layoff recovery tips, financial planning reminders, job-search guidance, and new free tools.

Free weekly email. No spam. Unsubscribe anytime. Learn what's inside