You're on the U.S. site — severance, unemployment, COBRA, WARN, H-1B.In India? Switch to the India site →
LayoffNext — Free layoff recovery tools for employees
USIndia
Educational · not legal advice

Visa Layoff Decision Tree

Walk through your status and situation to prepare discussion paths and questions for a licensed immigration attorney. This does not tell you whether you qualify for any option.

Back to H-1B layoff toolkit

Educational only. A grace period of up to 60 days is discretionary and not guaranteed, and no option is automatic. Verify every step with a licensed immigration attorney or official USCIS guidance before acting.

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

The grace period protects your lawful status. It does not authorize you to work. You cannot be employed or paid for work during it — including contract, freelance or unpaid-then-backpaid arrangements — until a new petition is filed and you are authorized to begin.

Your current status

Your I-94 date lets the tool flag an urgent window. The rest add discussion paths.

This tool does not provide immigration advice and does not tell you whether you qualify for any option. It only organizes questions to discuss with a licensed immigration attorney.

Frequently asked questions

Does this tool tell me which visa option I qualify for?+
No. It does not provide immigration advice and never says you qualify for any option. It organizes educational discussion paths and questions to review with a licensed immigration attorney.
What if my I-94 expires soon?+
If your I-94 expiration is within about 60 days, the tool flags it as urgent. Your available time may be shorter than any grace period — potentially ending on your I-94 expiration date. Contact an attorney immediately.
Which statuses does it cover?+
It covers every classification named in 8 CFR 214.1(l)(2) — E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN — and routes each one to the guide written for it. F-1 OPT and STEM OPT are handled as a separate branch because they are not a 214.1(l)(2) category and run on different rules entirely: cumulative unemployment limits and a separate departure period. Your specific facts always control — confirm with an attorney.

Related resources

H-1B layoff toolkitH-1B 60-Day CountdownH-1B Transfer ChecklistL-1 visa layoff guideO-1 visa layoff guideTN visa layoff guideImmigration Attorney Question BuilderBuild My Layoff Plan (personalized)NRItoUSA immigration & NRI resourcesDisclaimer

Sources & methodology

Every legal statement on this page is traceable to the regulation, statute, court order or agency guidance below, and each source carries the date it was last re-read. Immigration rules change and outcomes depend on facts this page cannot see — confirm your own position with a licensed immigration attorney before acting.

  1. 8 CFR 214.1(l) — Period of stay (grace periods) — Electronic Code of Federal RegulationsThe up-to-60-day grace period, the classifications it covers including H-1B, the “may not work during such a period” limitation, and DHS discretion to shorten or eliminate it. · Last verified Sep 22, 2026
  2. INA 214(n) / 8 U.S.C. 1184(n) — nonimmigrant employment authorization (AC21 §105 portability) — U.S. Code (Office of the Law Revision Counsel)H-1B portability — that a worker may begin employment with a new employer once USCIS receives a non-frivolous change-of-employer petition, without waiting for approval. · Last verified Sep 22, 2026
  3. Options for Nonimmigrant Workers Following Termination of Employment — U.S. Citizenship and Immigration ServicesUSCIS's own summary of the options available to nonimmigrant workers after a termination of employment. · Last verified Sep 22, 2026
  4. Form I-94 Arrival/Departure Record — retrieve your most recent I-94 — U.S. Customs and Border ProtectionYour most recent I-94, which controls how long you may stay and can end your available time before any grace period would. · Last verified Sep 22, 2026
  5. "Eliminating the Discretionary 60-Day Grace Period" — notice of proposed rulemaking, 91 FR 57807 (RIN 1615-AD22, document 2026-18631), published September 11, 2026 — Federal Register (DHS / USCIS)The proposed elimination of the grace period — 91 FR 57807, RIN 1615-AD22, document 2026-18631, published September 11, 2026, comments close November 10, 2026. A proposal only; it has no effective date. · Last verified Sep 22, 2026

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.

Educational content only. LayoffNext does not provide legal, financial, tax, insurance, employment, immigration, unemployment, investment, or mental health advice. Always consult a licensed professional or official government source for guidance specific to your situation.

Disclaimer · Privacy Policy · Terms & Conditions

Deepak Middha, Founder of LayoffNext
Founder 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 September 12, 2026
About DeepakLinkedInEditorial StandardsMethodologyView All Articles