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Laid off on an H-1B? You have 60 days to find a new sponsor, change status, or depart. The clock starts on your last day of employment. Use this guide and our Risk Checker to take action now.

H-1B Visa Guide 2026

Everything H-1B visa holders need to know: layoff protections, transfer steps, finding new sponsors, employer risk monitoring, and tracking legislative changes that affect your status.

60-Day Grace Period Transfer Steps Find Sponsors 2026 Legislation FAQ
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The 60-Day Grace Period

What happens when you lose your H-1B job

Your rights under 8 CFR 214.1(l)(2)

When your H-1B employment ends, you enter a 60-day grace period (or until the end of your I-94 validity, whichever is shorter). During this window you can:

  • Transfer your H-1B to a new employer (you can start working as soon as they file)
  • Change status to B-2 (tourist), F-1 (student), or another valid nonimmigrant category
  • Depart the US and seek consular processing for a new H-1B abroad

The 60-day clock starts on your last day of employment, not the date you receive the layoff notice. WARN Act notices give you advance warning before the clock starts.

Immediate steps after a layoff

  1. Secure your documents: I-797 approval notice, passport, I-94, all pay stubs, employment verification letter
  2. Request written confirmation of your last day of employment from HR (this sets the grace period start date)
  3. Check your employer on WARN Firehose: Risk Checker shows if your employer has filed WARN notices
  4. Consult an immigration attorney within the first week, especially if your I-140 is approved or pending
  5. Begin your job search immediately using the Sponsor Finder below
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How to Transfer Your H-1B

Step-by-step process under AC21 portability

1

Find a new sponsor

Use the Sponsor Finder to search by job title and find companies actively filing LCA petitions. Companies with recent LCA filings are the most likely to sponsor transfers. Network aggressively — staffing firms (Infosys, TCS, Cognizant, Wipro) sponsor thousands of H-1Bs annually.

2

Employer files LCA with DOL

Your new employer must file a Labor Condition Application (LCA) with the Department of Labor certifying the prevailing wage for your position. LCA processing typically takes 7-10 business days.

3

Employer files I-129 with USCIS

Once the LCA is certified, your employer files Form I-129 (H-1B petition). Under AC21 portability (INA 214(n)), you can begin working as soon as the petition is filed — you do not need to wait for approval. Consider premium processing ($2,805) for 15-business-day adjudication.

4

Begin employment

Start working for your new employer with the I-129 receipt notice in hand. Keep a copy of the filing receipt and your previous I-797 for your records.

5

Receive approval

USCIS adjudicates the petition. Regular processing can take 3-6 months; premium processing guarantees 15 business days. If denied, you must stop working immediately and may file a motion to reopen or seek alternative status.

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H-1B Legislation Tracker — 2026

Bills and rules affecting H-1B visa holders in the 119th Congress

Disclaimer: Legislative information is for educational purposes only. Bills may be amended or withdrawn. Consult an immigration attorney for advice specific to your situation. Last updated April 2026.

Bill / Rule Status Key Provisions Impact on H-1B Workers
H-1B Modernization Rule (DHS) Final Rule Codifies 60-day grace period, clarifies portability, automatic extensions for I-140 pending Positive. Provides certainty around the grace period and transfer rights that were previously informal policy.
H-1B and L-1 Visa Reform Act Committee Raises prevailing wage floor, adds $10K/worker fee for H-1B dependent employers, tightens displacement rules Mixed. Higher wages benefit current H-1B holders but fewer sponsorships available. Fee increases reduce demand from staffing firms.
EAGLE Act (EB Green Card Reform) Committee Eliminates per-country green card caps over 9-year transition, removes diversity visa redirects Positive for Indian/Chinese nationals with decades-long EB backlogs. Reduces dependency on H-1B renewals while waiting for green card.
H-1B Lottery Reform Proposed Wage-based selection (highest salary first) instead of random lottery, anti-fraud measures for duplicate registrations Mixed. Benefits high-wage specialty occupations but disadvantages entry-level positions and lower-cost-of-living areas.
Protect H-1B Workers Act Proposed Extends grace period to 180 days, requires employers to cover transfer costs, anti-retaliation protections Positive. Would give laid-off workers 3x more time to transfer. Employer-paid transfer costs remove financial barrier.
STEM JOBS Act Proposed Additional 55K green cards/year for STEM graduates from US universities, separate from H-1B cap Positive. Provides alternative path to permanent residency, reducing reliance on H-1B status for STEM workers.

How to stay informed

  • Follow official USCIS announcements at uscis.gov/h-1b
  • Track bills on congress.gov by searching for "H-1B"
  • Set up WARN Firehose alerts for your employer — you'll know about potential layoffs before they happen
  • Join H-1B community groups on LinkedIn and Reddit (r/h1b, r/immigration) for real-time updates

Also see: WARN Act Legislation & State Requirements → — the WARN Act is the law that gives you advance notice before mass layoffs.

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Frequently Asked Questions

You enter a 60-day grace period (8 CFR 214.1(l)(2)) to find a new H-1B sponsor, change your visa status (e.g., to B-2 tourist), or depart the US. The clock starts on your last day of employment, not the date you receive the layoff notice. Use our Risk Checker to monitor your employer's WARN filings before a layoff happens.
Yes. Under the AC21 portability rule (INA 214(n)), you can begin working for a new employer as soon as they file your H-1B petition (Form I-129), without waiting for approval. You must have maintained valid H-1B status and the new petition must be filed before your grace period expires.
Use the WARN Firehose Sponsor Finder to search by job title and find companies actively filing LCA petitions in your field. Companies with high LCA volume are most likely to sponsor H-1B transfers. Also consider staffing firms like Infosys, TCS, Cognizant, and Wipro which sponsor large numbers of H-1B workers. Browse the Top 100 H-1B Employers for a comprehensive list.
Yes. Several bills are under consideration in the 119th Congress. Key proposals include the Protect H-1B Workers Act (extending grace period to 180 days), H-1B Lottery Reform (wage-based selection), and the EAGLE Act (eliminating per-country green card caps). See the legislation tracker above for full details. None have been enacted as of April 2026.
If you're within your 60-day grace period, yes. Premium processing (Form I-907, currently $2,805) guarantees a 15-business-day response from USCIS. Given the time pressure of the grace period, the cost is often worth it. Your new employer files the I-907 along with your I-129 petition.
An approved I-140 gives you additional protections. After 180+ days of pending I-140 approval, it becomes "portable" — you can change employers without losing your place in the green card queue. Under the H-1B Modernization Rule, you may also qualify for automatic H-1B extensions while your I-485 is pending. Consult an immigration attorney about your specific situation.
Yes. Common alternatives include: B-2 tourist visa (buys time but no work authorization), F-1 student visa (if enrolling in school), O-1 for extraordinary ability, or L-1 if transferring within the same multinational company. File the change of status application (Form I-539 for most categories) before your grace period expires.