Laid Off on a Work Visa? Start Here

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.

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.

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.

Usually not, and the reason is worth understanding. On its own terms the payment reaches petitions for people who are outside the United States without a valid H-1B visa, petitions asking for consular or port-of-entry processing, and change-of-status or extension requests that USCIS decides the person was not eligible for. A straightforward H-1B transfer filed by a new employer while you are inside the country, and granted by USCIS, is not one of those. Separately, as of September 24, 2026 the agency guidance implementing the payment stands vacated: a court declared it unlawful on June 8, 2026 in State of California v. Mullin, the 1st Cir. refused to put that ruling on hold on July 24, 2026, and USCIS says it is complying while it appeals. The proclamation itself was not struck down and was extended to September 21, 2027, so this can change — check the primary sources rather than relying on a summary.

No. DHS proposed one on August 25, 2026 (91 FR 54817), and the comment period closed September 24, 2026, but as of September 24, 2026 no final rule has been published and nothing is payable under it. If it were finalised it would apply to cap-subject petitions — the annual lottery — rather than to a change-of-employer petition for someone who already holds H-1B status.

Two rules that are genuinely in force, unlike the items above. Since February 27, 2026 the cap lottery is weighted by wage level: a registration gets one entry at OEWS wage level I and up to four at level IV, and where several registrations name the same person USCIS uses the lowest wage level among them. It changes selection odds, not who is eligible, and it does not touch cap-exempt petitions. Separately, since October 30, 2025 filing an EAD renewal no longer automatically extends the card — the document expires on the date printed on it. Renewals filed before that date still get the old extension of up to 540 days.

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.