H-1B: Do Not Rely on the 60-Day Grace Period to Maintain Your Immigration Status!
H-1B: Do Not Rely on the 60-Day Grace Period to Maintain Your Immigration Status!
Attorneys:Attorney Jeff Zhengquan Xie,Attorney Jiarui Yin,Attorney Qian Zhao,Attorney Haochun Ling
Foreign workers holding H-1B work visas in the U.S. who experience layoffs have traditionally relied on the so-called 60-day Grace Period to seek new employment and maintain their immigration status. However, recent reports indicate that this "safety net" is gradually shrinking—and may even be completely eliminated.
DHS’s New Development: The Grace Period May Exist in Name Only
According to the latest cases, the U.S. Department of Homeland Security (DHS) has, in certain circumstances, issued a Notice to Appear (NTA) to unemployed H-1B holders even before the 60-day grace period expires. This means that once an H-1B worker is laid off, their immigration status may be deemed immediately invalid, without the benefit of a full 60-day transition period.
This policy shift is deeply concerning, as it significantly increases the risk that H-1B workers and their families will be subject to immigration court proceedings or even deportation. If DHS moves to further restrict or outright eliminate the 60-day grace period, thousands of foreign workers will be thrown into a state of greater uncertainty.
Why You Should Not Rely on the "60 Days"?
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Policy Instability: The Grace Period was never a legally mandated protection in the first place—it was merely a form of discretionary relief granted by DHS. It can be revoked instantly if policy is tightened.
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Risk of Early NTA Issuance: Even if authorities still claim the 60-day period exists, USCIS may issue an NTA at any time if it determines there has been a material change in circumstances, effectively terminating immigration status on the spot.
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Unpredictable Future: Against the backdrop of economic downturns and rising layoff waves, it is entirely possible that immigration policies will become more stringent.
Practical Recommendations: Plan Ahead and Adjust in a Timely Manner
If H-1B employees anticipate potential layoffs, they should not naively rely on the "60 days"—instead, take proactive steps:
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Adjust Your Immigration Status Promptly: Before or immediately after receiving a layoff notice, consult an immigration attorney as soon as possible to explore switching to B-2 tourist status, F-1 student status, dependent status, or other eligible categories, thus avoiding an immigration status gap.
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Initiate Employer Transfer Procedures Without Delay: If a potential new employer is available, start the H-1B transfer process immediately—do not wait or procrastinate.
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Build a Buffer in Advance: Prepare the documents and funds required for a status adjustment ahead of time, rather than waiting until the last minute to take action.
In conclusion, the H-1B "60-day grace period" has never been a guaranteed safety net—and it may well become an empty promise in the future. For foreign workers employed in the U.S., the wisest course of action is to plan ahead and take the initiative. If facing the risk of layoff, act early—never passively rely on the grace period, or you may find yourself trapped in the predicament of invalid immigration status and deportation.
The above overview is prepared by XIE LAW OFFICES,LLC. to provide legal information to the Chinese community. It is primarily for academic discussion purposes and does not constitute legal advice on specific cases. If you already have legal representation, please consult your own attorney, who is familiar with the details of your case. Clients of Xie & Associates Law Firm, as well as readers who have not yet retained legal counsel, may contact Attorney Xie for specific legal questions. If you wish to reprint this document, please do so in full without any deletions, and clearly indicate the source.
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