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Losing a job in the United States does not have one automatic immigration result. Your next steps depend on the exact nonimmigrant classification, the employer named in your petition, the end date of employment, and the authorized-stay date on your Form I-94. H-1B portability can let some eligible workers start with a new employer after a proper filing; L-1 authorization remains tied to the petitioning company or a qualifying related entity. Other categories require their own analysis. Check your records promptly and obtain category-specific advice before working, traveling, or allowing a deadline to pass.
Why “work visa” is not a single legal status
People commonly use “work visa” to describe many different U.S. classifications. The classification printed on your visa, approval notice, or admission record controls the rules. Examples include H-1B, L-1, O-1, TN, E-3, H-2A, H-2B, and several other temporary employment categories. The U.S. Department of State groups these categories on its Employment page, while USCIS explains employer-based nonimmigrant classifications in its Nonimmigrant-Based Employment reference guide.
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That is why a statement such as “you always have 60 days to find another job” is unsafe. The official material considered here does not establish a universal termination grace period for every employment classification. A deadline that applies to one person may not apply to another, and a filing that preserves work authorization in one category may be unavailable in another.
Identify your status and authorized stay first
Before deciding whether you may remain or work, collect the records that show what was actually authorized.
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- Form I-94: Download the most recent electronic I-94 from U.S. Customs and Border Protection or review the paper record if one was issued. The “admit until” date is the key authorized-stay date for most nonimmigrants.
- Passport visa and admission stamp: A visa normally permits travel to a port of entry; it is not, by itself, proof of how long you may stay or for whom you may work.
- Form I-797 approval notice: Check the classification, petitioning employer, validity dates, and any notices about amendments or extensions.
- Employment and termination records: Preserve the offer letter, pay statements, final day worked, written termination notice, severance terms, and any communication about a resignation or layoff.
- Dependents’ records: H-4, L-2, and other dependent classifications can have separate validity dates and work-authorisation rules.
Compare the I-94 date with the petition and approval dates. An approval notice does not automatically cure an expired I-94, and a visa expiration date does not necessarily end a period of authorized stay already granted at entry. Because individual records can differ, do not infer an answer from a coworker’s timeline.
What to do immediately after a layoff or termination
- Confirm the actual employment end date. Ask the employer in writing whether the date is the last day worked, the last day paid, or a later date during paid notice. Immigration consequences can turn on the facts and the wording of the petition.
- Request your immigration file. Obtain the latest I-797, the filed petition or labor-condition material where available, and the company’s written explanation of any withdrawal or amendment.
- Check your I-94 and classification. Record the “admit until” date and the exact classification code. Do not rely only on the visa foil in your passport.
- Stop unauthorized employment. A job offer, interview, or signed contract does not itself authorize work for a new employer. Wait until the rules for your category permit employment and the required filing has been made or approved.
- Get advice quickly. A qualified immigration attorney or a nonprofit immigration legal-services provider can review the termination date, status documents, any grace-period rule that actually applies, and options for a change or extension of status.
- Plan travel cautiously. Leaving the United States can affect a pending change or extension of status and may require a valid visa for reentry. Obtain individualized advice before booking travel.
These steps are risk-control measures, not a guarantee that a particular status continues. USCIS and the Department of State can change guidance, and the facts in a petition may matter as much as the classification name.
H-1B: portability can permit a qualifying new job
H-1B has a specific portability mechanism. USCIS employer guidance explains that certain eligible H-1B workers may begin employment with a new employer when that employer properly files the required H-1B petition, rather than waiting for the petition to be approved. This is often called H-1B portability.
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Portability is conditional. The worker generally must have been lawfully admitted or otherwise eligible for H-1B employment and must meet the filing requirements for the new petition. The new employer’s filing must describe a qualifying H-1B position and include the required evidence. A deficient, frivolous, or untimely filing can create serious problems, so the filing date and contents should be verified with counsel.
Do not extend this rule to every employment classification. The USCIS explanation is specific to qualifying H-1B workers; it does not establish automatic portability for L-1, O-1, TN, E-3, H-2, or another category.
Portability is different from the 240-day extension provision
USCIS employer material also describes up to 240 days of continued work for the same employer after that employer files a qualifying, nonfrivolous extension petition. That provision concerns a timely extension of an existing employment authorization. It does not create a general 240-day period after a termination and does not allow a former employee to keep working while looking for a new sponsor.
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In practical terms, an H-1B worker should ask two separate questions: “Did my current employer file a qualifying extension before the prior authorization expired?” and “Has a new employer filed a qualifying H-1B petition that supports portability?” Treating those as one rule can lead to unauthorized work.
L-1: authorization follows the petitioning company and qualifying affiliates
USCIS states that an L-1 worker may work for the petitioning company or for one of its qualifying subsidiaries, branches, or affiliates. That employer relationship is central to L-1 status.
If the petitioning company terminates your employment, an unrelated company cannot simply “take over” the existing L-1 authorization. A new employer would need to determine whether another classification and a new petition are available. Even moving to a related entity requires checking the corporate relationship and the terms of the approved petition; it is not a blanket permission to work anywhere in a corporate group.
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The L-1 rules also distinguish intracompany transfers from ordinary job changes. Obtain the employer’s written plan and have counsel verify whether the proposed entity is listed or qualifies as a parent, subsidiary, branch, or affiliate under the immigration rules before you perform any work.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Other categories require their own analysis
For O-1, TN, E-3, H-2A, H-2B, and other classifications, the collected official pages direct employers and workers to the process for the relevant category but do not provide a complete, category-by-category post-termination timeline. Do not assume that H-1B portability or an often-repeated “60-day rule” applies.
| Classification or group | What the official material supports | What it does not establish |
|---|---|---|
| H-1B | Certain eligible workers may start with a new employer after that employer properly files a qualifying H-1B petition. | Automatic eligibility for every worker, or a universal post-termination period. |
| L-1 | Work is for the petitioning company or a qualifying subsidiary, branch, or affiliate. | Work for an unrelated employer under the existing L-1 approval. |
| O-1 and P | Employer obligations can arise in some dismissal situations; the category’s petition and rules still control work authorization. | A general right to continue working or a universal job-search period. |
| TN, E-3, H-2A, H-2B and other employment categories | A new employer generally must follow the process required for that classification. | A single timeline or portability rule that applies across all categories. |
For these categories, identify whether admission was through USCIS petition approval, a consular visa, or a border process, and ask a professional which filing, if any, can support a new job or change of status.
Authorized stay, work authorization, and visa validity are different
Three dates are frequently confused:
- Visa expiration: The date on the visa generally concerns when you may seek admission; it does not by itself set the end of an already granted stay.
- I-94 “admit until” date: This is the primary record of the period authorized in the United States, subject to the terms of the classification.
- Petition validity: The approval notice states the period and conditions approved for the petitioning employer and job.
A worker can have an unexpired visa but no current authorization to work for a former employer, or an unexpired I-94 while lacking permission to start a different job. Conversely, a pending filing may affect status without granting permission to work immediately. Ask for an explanation tied to your documents, not just to a date printed on a passport.
Return transportation: a limited employer obligation
USCIS employer guidance says an employer may be liable for reasonable return transportation costs when it dismisses an H-1B or H-2B worker before the worker’s period of authorized admission ends. The same material describes joint responsibility for certain O or P dismissals for reasons other than voluntary resignation.
This is a limited obligation. It does not apply to every worker, does not decide whether your status remains valid, and does not automatically cover family travel, relocation to a third country, or every expense claimed after a layoff. Preserve written evidence of the dismissal and ask counsel whether the facts fit the applicable rule.
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- Assuming a fixed grace period: Repeating a 60-day number without confirming the classification and current rule can cause a missed deadline.
- Starting work on a verbal promise: Payroll, training, and productive work can all raise authorization issues. Wait for the filing or approval path that your category requires.
- Using the former employer’s petition for a different company: This is particularly risky for L-1 workers and for any category with employer-specific approval.
- Ignoring a withdrawn petition: Ask whether the employer notified USCIS and how that affects any pending extension, amendment, or change-of-status request.
- Relying on a visa stamp instead of the I-94: The admission record may show a different end date.
- Traveling while a status filing is pending: Departure can affect a pending change or extension of status and reentry eligibility.
- Waiting until the last day: Evidence, translations, and a new filing take time. Early review gives you more lawful options.
A document checklist for a lawyer or legal-services provider
- Passport biographic page, visa page, and latest entry stamp
- Most recent Form I-94 and travel history
- Every relevant Form I-797 approval, receipt, or denial notice
- Employment agreement, pay records, and the written termination or resignation notice
- Exact last day worked and whether severance or paid notice continues
- Current résumé and any bona fide offer from a prospective employer
- Dependents’ passports, I-94 records, and approval notices
- Copies of prior petitions, amendments, and notices of withdrawal
Do not send sensitive documents through an unverified service. A legitimate provider should explain confidentiality, fees, scope of representation, and who will make the legal determination.
Where to verify current rules
Start with the USCIS Nonimmigrant-Based Employment guide for classification and employer limits. Review the USCIS Immigration Related Responsibilities When Hiring an Employee and Completing Form I-9 for the H-1B portability and extension distinctions. Use the Department of State’s Employment page for visa-category descriptions and consular information. USCIS also publishes employer guidance in I Am an Employer: How do I hire a foreign national?.
Those pages are general guidance, not an individual status decision. Agency instructions can change, and a lawyer or qualified nonprofit legal-services provider should review your actual I-94, petition, termination date, and proposed next step before you work or travel.
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