H1B Layoff Options: The 60 Day Grace Period Explained

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WHAT THIS VIDEO COVERS
What happens after an H-1B layoff: the up-to-60-day grace period in 8 CFR 214.1(l)(2), the five options USCIS lists, and the September 2026 DHS proposal to eliminate the grace period.
Checked October 21, 2026.

How the 60-day clock works, and why it can be shorter
Once per validity period, discretionary, no work unless authorized
Option 1: a new employer and H-1B portability
Option 2: change of status (for example H-4, F-1 or B-2)
Option 3: a compelling circumstances EAD
Option 4: adjustment of status
Option 5: leaving the United States, and return transportation costs
The proposed rule: what it would change and when comments close

CHAPTERS
0:00 Laid off on an H-1B?
0:15 The rule: 8 CFR 214.1(l)(2)
0:27 60 days or your I-94, whichever is shorter
0:37 Once per validity period, no work
0:45 Your five options
0:50 Option 1: a new employer
1:02 Option 2: change status
1:22 My cases in Visa Current
1:35 Option 3: compelling circumstances EAD
1:46 Bulletin trends
1:57 Option 4: adjust status
2:08 Option 5: leave
2:19 The DHS proposal
2:38 Form Preparation
2:50 Recap
3:06 Sources and disclaimer

THE 60 DAYS, IN SHORT
Up to 60 consecutive days, or until your authorized validity period ends, whichever is shorter.
Once per authorized validity period.
DHS may shorten or eliminate it as a matter of discretion.
You may not work during it unless otherwise authorized.
It ends when you depart the United States.

THE PROPOSAL (NOT IN EFFECT)
On September 11, 2026, DHS published a proposed rule to remove 8 CFR 214.1(l)(2), "Eliminating the Discretionary 60-Day Grace Period" (91 FR 57807, docket USCIS-2026-0364).
It is a proposal only. As of October 21, 2026, the grace period is still in the regulations.
Comments are due on or before November 10, 2026.

OFFICIAL SOURCES REFERENCED

eCFR, 8 CFR 214.1, Requirements for admission, extension, and maintenance of status:
https://www.ecfr.gov/current/title-8/...

USCIS, Options for Nonimmigrant Workers Following Termination of Employment (archived page):
https://www.uscis.gov/working-in-the-...

USCIS, H-1B Specialty Occupations:
https://www.uscis.gov/working-in-the-...

Federal Register, Eliminating the Discretionary 60-Day Grace Period (proposed rule, September 11, 2026):
https://www.federalregister.gov/docum...

Regulations.gov, docket USCIS-2026-0364:
https://www.regulations.gov/docket/US...

DISCLAIMER
This video is general information, not legal advice.
It does not guarantee any outcome in your case.
For advice about your situation, talk to a licensed immigration attorney or accredited representative.

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