Is there a grace period after my H-1B1 employment is terminated?

I am a Singaporean U.S. immigration attorney based in Los Angeles specializing in H-1B1 visas for Singaporeans.  My California State Bar record can be found here and my law firm website can be found here.  Feel free to connect with me on Linkedin.

Singaporeans working on H-1B1 status in the U.S. may wonder if they have any grace period after their employment is terminated.  

The answer is Yes, but some discussion is warranted. 

The applicable federal regulation is found in 8 CFR 214.1(l)(2), which provides as follows: 

An alien admitted or otherwise provided status in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN classification and his or her dependents shall not be considered to have failed to maintain nonimmigrant status solely on the basis of a cessation of the employment on which the alien’s classification was based, for up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter, once during each authorized validity period. DHS may eliminate or shorten this 60-day period as a matter of discretion. 

From the above, in general a Singaporean on H-1B1 status has a 60-day grace period counting from the date of cessation of employment.  However, this 60-day grace period can be shortened if the "end of the authorized validity period" is earlier than your 60th day. 

Here's an example to illustrate.  If a Singaporean H-1B1 visa holder was admitted into the U.S. on February 14, 2022 (and admitted for a one-year duration until February 13, 2023 as reflected on the I-94 expiry date) to work for the H-1B1 employer, and the H-1B1 employment was terminated on June 30, 2022, then the Singaporean has the full 60 days of the grace period.  However, if the Singaporean's H-1B1 employment were to terminate on January 1, 2023, the Singaporean would have less than 60 days of the grace period because the "end of the authorized validity period" falls on February 13, 2023.  

In summation, if you are an H-1B1 worker facing employment termination, it would be helpful to seek customized feedback from an experienced business immigration attorney so that you can better understand how the grace period works in your situation and plan your next steps accordingly.

A footnote:  There is an additional layer for USCIS petition-based H-1B (not H-1B1) workers to consider that is beyond the scope of this H-1B1 blog post because of how USCIS interprets the above 60-day-grace-period regulation 8 CFR 214.1(l)(2) in the context of H-1B change-of-employer petitions that are being filed during the grace period when the terminating employer sends a letter to USCIS under another regulation 8 CFR 214.2(h)(11)(Revocation of approval of petition).  If you are an H-1B worker facing employment termination, it would probably benefit you to speak to an experienced business immigration attorney as well.

Disclaimer:  This blog post is for informational purposes only and does not constitute legal advice.