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Losing your job while on an O-1 visa feels like the ground disappeared beneath you. One day, you're working legally in the US; the next, you're wondering whether you need to pack immediately. The good news is USCIS gives you breathing room. The confusing part is understanding what you can and can't do during that time. Here's everything you need to know about the O-1 grace period.

What Is the O-1 Visa Grace Period?

The O-1 grace period is a 60-day window provided by USCIS following the end of your employment or the expiration of your visa. This period allows you to wrap up affairs, secure new sponsorship, or prepare to leave the US without becoming unlawfully present.

USCIS introduced this grace period in 2017 to provide visa holders with a reasonable period to transition when employment circumstances change. Before this policy, losing your job meant your legal status ended the same day, creating untenable situations in which people had to leave the country within hours.

The 60-day grace period applies automatically. You don't need to file paperwork or request it from USCIS. Your status continues for 60 days after your employment end date, giving you time to determine next steps without immediate pressure.

Think of it as a buffer zone. Your work authorisation ends when your job ends, but your legal presence in the US continues for 60 more days. You're not working illegally during this time because you're not working at all. You're just legally present while you decide what comes next.

Grace Period Rules You Need to Know

The grace period has specific rules determining what you can and can't do during those 60 days. Understanding these limitations prevents mistakes that could jeopardise your immigration status.

What Happens After Your O-1 Employment Ends?

The moment your O-1 employment terminates, your work authorization stops, but your legal status continues for 60 days. What you do during this window determines whether you stay in the US legally or need to leave.

Option 1: Find a new O-1 sponsor. If you secure another employer or agent willing to petition for you, they can file a new O-1 petition while you're in your grace period. You must stop working until the new petition is approved, but you can remain in the US legally while USCIS processes the application. Most people use premium processing here to get a decision within 15 days rather than waiting months in limbo.

Option 2: Change to a different visa status. Your grace period allows time to file for a change of status to another visa category. Perhaps you've been working toward an EB-1A green card, and your priority date has just become current. Or perhaps you're eligible for an H-1B transfer. You can file the change-of-status application during your 60-day grace period and remain in the US while USCIS decides on your application.

Option 3: Leave the US. If neither a new sponsorship nor a status change is approved, you'll need to depart before your 60-day period expires. Leaving voluntarily during the grace period means you leave with a clean immigration record. No overstay on your record, no bars to future visa applications, no complications when you eventually want to return to the US.

The key is to act within 60 days. Once that grace period expires without action, you become unlawfully present. Every day past the grace period deadline counts as an overstay, potentially triggering bars to re-entry and complicating future visa applications.

Common Grace Period Scenarios

Scenario 1: Unexpected Layoff

Although your O-1 visa was approved through 2027, your role was eliminated in March 2026 as part of a company downsizing, and your employer terminated your position on short notice.

• The Rule: Your grace period starts the day your employment ends.
• The Action: You have 60 days to find a new employer or agent willing to sponsor a new O-1 petition.
• The Benefit: If the new employer files before the grace period expires, you can remain in the U.S. while the petition is pending.

Scenario 2: Visa Expiration (No Extension)

Your O-1 was approved through December 31, 2025. You didn't file for an extension because you were planning to return home.

• The Rule: Because your visa validity ended, the 60-day rule does not apply. Instead, you may have a standard 10-day "wash-up" period if it was granted on your I-94.
• The Action: You must depart the U.S. by the date on your I-94. You are legally present but cannot work during these final days.

Scenario 3: Voluntary Resignation

You voluntarily resigned from your O-1 sponsored position because you received a better offer from another company.

• The Rule: Your grace period begins the day you resign.
• The Action: The new company must file an O-1 petition. You cannot start working for them until USCIS approves it.
• The Benefit: If they file during your 60-day grace period, you can wait in the U.S. for the decision.

Scenario 4: Employer Shutdown

The company sponsoring your O-1 application unexpectedly closes or files for bankruptcy.

• The Rule: Your employment ends when the company ceases operations, and your 60-day clock starts immediately.
• The Action: Use this time to find new sponsorship or leave the U.S.
• The Note: While this situation is urgent, it may qualify for expedited/emergency processing, though this is entirely at USCIS's discretion.

What You Can and Cannot Do During the Grace Period

The grace period maintains legal presence but severely restricts activities compared to active O-1 status. Knowing these boundaries prevents accidental violations.

The work prohibition is absolute during the grace period. Even a single day of unauthorised employment constitutes an immigration violation that can affect future visa applications and lead to removal proceedings.

Grace Period vs Unlawful Presence: Understanding the Difference

How to Maximise Your Grace Period

Sixty days may seem generous until you're in the situation. Time disappears quickly when you're job hunting, gathering documents, and coordinating with employers and attorneys.

Act immediately when employment ends. Don't waste the first week processing the shock. Start job searching, contact immigration attorneys, and assess your options within the first few days. Every day you delay is one less day to find solutions.

Use premium processing aggressively. The $600 premium processing fee may seem high, but it's essential during grace-period transitions. Getting a petition decision within 15 days, rather than waiting 3-4 months, makes the difference between remaining legally and being forced to leave. The O-1 visa processing time with premium processing protects your status.

Consider a change of status options. If you can't quickly find an O-1 sponsorship but qualify for another visa category, explore those options. You may be eligible for an H-1B transfer. Perhaps you can switch to F-1 student status. Keep your options open beyond just finding another O-1 sponsor.

Document everything during your transition. Keep records of when your employment ended, copies of termination letters, and evidence of your grace period dates. Save emails with potential employers, drafts of new petitions, and any correspondence about your status.

Beyond Border helps clients navigate these transitions strategically. We focus on realistic timelines and backup plans so you're never caught off guard when the 60-day period ends.

What Happens If You Overstay Your Grace Period?

Overstaying your 60-day grace period immediately triggers unlawful presence, leading to severe re-entry penalties. Remaining in the U.S. without authorisation for more than 180 days results in a three-year bar, while an overstay of one year or more triggers a ten-year bar. These bars activate upon your departure, and overcoming them usually requires proving "extreme hardship" to a U.S. citizen or permanent resident relative—a difficult legal standard to meet.

Even without a formal bar, any overstay is a permanent mark on your immigration record that consular officers will see during future applications. This history of non-compliance can lead to discretionary visa denials for years to come. To preserve your ability to return to the U.S., you must depart voluntarily before your grace period expires if you do not have a pending application or newly approved status.

Can You Extend the Grace Period?

No. The 60-day grace period is fixed and cannot be extended under any circumstances. USCIS provides no mechanism for requesting additional time beyond the 60 days, even if you have compelling reasons.

Filing a new petition or change of status application during your grace period effectively extends your authorised stay if USCIS approves it, but that's different from extending the grace period itself. If you file a petition during your grace period, but it's still pending when the 60 days expire, your situation becomes complicated. You're no longer in a valid status once the grace period ends, even though your petition is pending. Many people file for premium processing to avoid this scenario entirely.

Need Help Navigating Your O-1 Grace Period?

The 60-day grace period for O-1 visa holders passes quickly, making it difficult to secure new sponsorship and file petitions. Beyond Border specialises in fast O-1 transitions, helping clients secure new employers and file successful emergency petitions within the grace period hundreds of times.

If your O-1 employment is ending, contact us immediately. Early planning maximises your options for a legal stay in the US. We review your history, find sponsors, prepare petitions, and handle USCIS filing to ensure approval before the grace period expires. If O-1 isn't feasible, we explore alternative visa options or a change of status.

Schedule your grace period consultation with Beyond Border →

Frequently Asked Questions

Does the grace period apply if I voluntarily resign from my O-1 job?

Yes. The grace period triggers whether your employment ends voluntarily or involuntarily. Resignation, termination, and layoffs all activate the same 60-day grace period.

Can I apply for unemployment benefits during my O-1 grace period?

Not recommended. USCIS may view unemployment claims as evidence that you intend to work without authorisation, which could affect future visa applications.

What if my employer doesn't notify USCIS when my employment ends?

Your grace period still begins on the actual termination date, regardless of employer notification. Document the termination date yourself.

Does the grace period apply if my O-1 petition was denied?

No. If denied, your authorised stay ends on the date specified in the denial notice. You don't receive a grace period.

Can I volunteer or do unpaid work during my grace period?

No. USCIS views unpaid work in your professional field as unauthorised employment, especially if you're performing tasks you previously did for compensation.

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