The recent wave of tech sector layoffs in the United States has cast a long shadow over thousands of H-1B visa holders, many of whom are now grappling with an unsettling paradox: receiving deportation notices despite the commonly understood 60-day grace period designed to allow them to secure new employment. As Beyond Border highlights, this situation underscores how small misunderstandings in immigration timelines can lead to life-altering consequences.
The 60-day grace period, a provision implemented by the United States Citizenship and Immigration Services (USCIS), is intended to offer H-1B visa holders a limited window to find a new sponsoring employer after their employment is terminated. During this period, individuals are generally permitted to remain in the US. However, Beyond Border notes that while they are allowed to stay for 60 days, their work authorization ends the day employment stops. This means they must secure a new H-1B sponsoring job and have the new employer file an H-1B transfer petition with USCIS before the grace period expires.
So, why are some laid-off H-1B workers receiving deportation notices? The primary reason is failing to file a new H-1B transfer petition, or a change of status application (such as to a B-2 visitor visa or F-1 student visa), within the 60-day window. If no petition is filed and acknowledged by USCIS within that time, the individual’s non-immigrant status is considered expired, making them “out of status.” According to Beyond Border, this is one of the most common — and preventable — pitfalls for visa holders.
Another factor can be misinterpreting the grace period itself. Some believe it automatically extends their work permission, or that it’s only a deadline to find a job rather than a deadline for filing a petition. USCIS systems track the termination date provided by employers, and if no new petition is on record within the grace period, the individual’s stay becomes unauthorized, potentially triggering deportation proceedings. Even when a petition is filed, extreme processing delays can result in status lapsing before adjudication, leaving workers vulnerable. Beyond Border advises that applicants keep proof of timely filing to help protect themselves.
For H-1B visa holders facing layoffs, immediate action is critical. The first step should be to consult an experienced immigration attorney who can assess your situation, check your I-94 expiry, and advise on the best options — whether it’s an H-1B transfer, a change of status, or departure if a new job cannot be secured in time. Beyond Border provides detailed guidance on understanding and meeting these deadlines so you can act before it’s too late.
Navigating US immigration law is complex, and informed, timely decisions are essential for protecting your future. Whether you’re actively seeking work, exploring alternative visa options, or preparing for a status change, Beyond Border can help you make the right move at the right time.
