Can you travel during a 60 day grace period?

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You cannot travel internationally during a 60-day immigration grace period because leaving the United States immediately ends the grace period and prevents re-entry on that visa.

International Travel

  • Ends the Grace Period: Departing the U.S. cancels the remainder of your 60-day window.
  • No Re-Entry: You cannot use an expired work visa or previous status to return to the U.S. after you leave.
  • New Visa Required: To come back, you must qualify for and obtain an entirely new visa or immigration status.

Domestic Travel

  • Within U.S. Borders: You can take domestic flights or travel by land inside the U.S. during the grace period.
  • Carry Documents: Bring a copy of your identification and immigration forms (like an I-20 for students) just in case.
  • Stay Inside the U.S.: Make sure your trip does not cross international borders.

How to count 60 days grace period?

The 60-day grace period for U.S. nonimmigrant workers begins the day after your employment ends and runs for 60 consecutive calendar days, or until your I-94 expires, whichever comes first.

You can use the H-1B Grace Period Calculator to help map out your exact countdown and action plan.

How to Calculate the Dates

  • Start Date (Day 1): The day after your last day of employment (typically the last day you receive wages or a salary).
  • Duration: Count 60 consecutive calendar days, including weekends and holidays.
  • The I-94 Cap: If your Form I-94 expiration date comes before the 60 days are up, your grace period ends immediately on that I-94 expiration date.

Key Rules to Keep in Mind

  • Calendar Days vs. Business Days: The count includes every single calendar day, not just business days.
  • Severance and PTO: Paid time off (PTO) running through your payroll counts as active employment, but severance payouts do not extend your last day or your grace period.
  • Frequency: This grace period is generally allowed once per authorized validity period.

Is the 60 day grace period removed?

No, the 60-day grace period has not been removed yet, but the Department of Homeland Security has proposed a rule to eliminate it.

Current Status

  • Active Policy: The up to 60-day discretionary grace period remains fully in effect for eligible nonimmigrant workers (such as H-1B, L-1, O-1, TN, and E visa holders) and their dependents after employment ends.
  • Rulemaking Stage: The U.S. Citizenship and Immigration Services (USCIS) published a Notice of Proposed Rulemaking on September 11, 2026.
  • Public Comment: The public comment period on the proposal runs until November 10, 2026.
  • Implementation: The proposed change cannot take effect until the agency reviews feedback, issues a final rule, and sets a future implementation date.

What is the 30-60 days rule in immigration?

The 30-60 days rule was an older U.S. Department of State guideline used to evaluate whether a temporary visa holder lied about their intent when entering the country. It was officially replaced by a 90-day rule in September 2017.

How the Old 30-60 Days Rule Worked

  • Within 30 days of entry: If a visitor did something inconsistent with a temporary visa (such as starting school, taking a job, or marrying a U.S. citizen and applying for a green card), immigration officials presumed the person made a willful misrepresentation to get the visa.
  • Between 31 and 60 days of entry: Doing an inconsistent action did not automatically create a legal presumption of fraud, but officers could still determine there was misrepresentation based on the facts.
  • After 60 days of entry: Officers generally presumed there was no misrepresentation of intent, and no negative assumption was attached to the timing alone.

Current Status

The U.S. government replaced this framework with the 90-Day Rule, which expands the window of scrutiny. Engaging in activities inconsistent with a temporary nonimmigrant status within 90 days of arriving in the U.S. now creates a legal presumption of intentional misrepresentation, giving authorities a broader timeframe to question a applicant's original intent.

What is the grace period rule?

The current grace period rule allows certain employment-based nonimmigrant visa holders in the United States up to 60 days to find a new job, change their visa status, or leave the country after their employment ends.

Current 60-Day Rule Details

  • Who it covers: Workers with E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN visas and their dependent family members.
  • Timeframe: Up to 60 consecutive calendar days, or until the individual's authorized I-94 expiration date—whichever comes first.
  • Allowed actions: Workers can use this window to secure a new employer sponsor, apply for a change of status (like a B-2 tourist visa), or pack and leave the U.S. without immediate penalties for being out of status.
  • Frequency: Limited to one 60-day grace period per approved petition validity period.

Proposed Changes

The U.S. Department of Homeland Security (DHS) issued a proposed rule to eliminate this discretionary 60-day grace period. If finalized and put into effect, affected workers would generally need to leave the U.S. immediately when their employment stops unless another legal authorization applies. As of late 2026, this is only a proposal, and the existing 60-day grace period remains active while public comments are reviewed.

DHS Publishes Proposed Rule to end H1B 60 Days Grace Period. How it Works? H4 Impact? Next Steps?

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How do I check my grace period?

You can check your UAE visa grace period online through the ICP Smart Services Portal under Public Services and File Validity.

Online Check via ICP

  • Go to the ICP Smart Services Portal.
  • Select File Validity under Public Services.
  • Choose to search by File Number (Emirates ID, UID, or file number with nationality and date of birth) or Passport Information (passport number, expiry date, and nationality).
  • Complete the captcha verification and click Search to see your allowed remaining days.

Check via Cancellation Form

  • Ask your employer or HR for your official visa cancellation paper.
  • The exact expiry deadline and allowed grace period days are printed directly on this form.

Grace Period Duration

  • 180 days: Golden and Green visa holders, widows, divorcees, and specific skilled professionals.
  • 90 days: Specific skilled workers and property owners.
  • 60 days: Standard employment visas with a sponsor or host.
  • 30 days: All other categories.

Overstaying past your grace period results in a fine of AED 50 per day.

Can H-1B travel after layoff?

Traveling internationally after an H-1B layoff is extremely risky and generally not recommended.

The Risks of Traveling After a Layoff

  • Loss of Grace Period: The 60-day grace period only applies if you are physically inside the United States. Leaving the U.S. voids your ability to use the remainder of that grace period to re-enter.
  • Invalid Visa Stamp: Your H-1B visa stamp and I-797 approval notice are tied to your previous employer. Once you are laid off, that employment relationship ends, making your old approval effectively invalid for re-entry.
  • Border Denial: U.S. Customs and Border Protection (CBP) officers evaluate your active employment status upon arrival. If you lack an active job or a newly approved petition, CBP can deny entry or cancel your visa.

When is Travel Safe?

  • New H-1B Transfer Approved: It is safer to travel only after a new employer has filed an H-1B transfer petition and you have the new approval notice (Form I-797) in hand.
  • Consular Processing: If you are already abroad or forced to leave, your new employer may need to file your transfer with consular processing so you can obtain a new visa stamp before returning.

Is ICE arresting H-1B holders?

Yes, U.S. Immigration and Customs Enforcement (ICE) is detaining some foreign nationals on nonimmigrant visas, including H-1B holders, particularly during domestic and airport travel.

Current Enforcement Actions

  • Airport and Gate Checks: ICE and the Transportation Security Administration (TSA) have increased collaboration at airports. Reports indicate that officers have questioned and detained travelers at check-in counters and boarding gates—even during domestic flights.
  • Pending Status Applications: Individuals with expired physical visa stamps who have pending extension applications, adjustment of status requests, or green card applications have been targeted. While a timely-filed extension can grant a legal authorized stay, reports and immigration lawyers note that ICE enforcement has detained individuals in this transitional status.
  • Collateral and Mistaken Detentions: Some H-1B holders with legal documentation have been temporarily stopped or detained during broader enforcement operations or due to confusion between an authorized stay and a valid visa stamp.

Recommended Precautions

  • Carry Documents: Immigration attorneys advise H-1B holders to carry physical proof of their lawful status at all times, including valid passports, Form I-797 receipt notices (for extensions or changes of status), and employment authorization documents.
  • Legal Counsel: Non-citizens are urged to consult immigration lawyers and evaluate travel risks, especially if traveling with an expired visa stamp while an application is pending.

What is the 60 day rule for layoffs?

The "60-day rule" refers to the Worker Adjustment and Retraining Notification (WARN) Act, a U.S. federal labor law that requires covered employers to give a 60-day advance written notice before a plant closing or mass layoff.

Key Requirements

  • Employer Coverage: Applies generally to private and non-profit businesses with 100 or more full-time employees.
  • Triggers: Notice is required for plant closures shutting down a work site affecting 50 or more workers, or mass layoffs affecting either 500+ workers or 50–499 workers if they make up at least one-third of the active site workforce.
  • Recipients: Notice must go to affected employees or their unions, the state dislocated worker unit, and local government officials.

Penalties for Violations

  • Employers who fail to provide proper notice must pay affected workers back pay and benefits for up to 60 days.
  • Civil penalties of up to $500 per day can be assessed for failing to notify local government units.

Exceptions

  • Natural disasters, unforeseeable business circumstances, or "faltering company" exceptions can shorten or eliminate the required notice period.
  • State-specific "mini-WARN" laws (such as in California or New York) may feature stricter thresholds or longer notice requirements.

What happens if an H-1B employee is terminated?

When an H-1B employee is terminated, they receive a 60-day grace period to find a new job, change their visa status, or leave the country.

Employee Options and Status

  • Grace period: You have up to 60 consecutive calendar days (or until your Form I-94 expires, whichever is shorter) starting the day after your last day of paid wages.
  • New employment: A new employer can file an H-1B transfer petition, and you may start working as soon as the petition is properly filed (H-1B Portability).
  • Change of status: You can apply to change to another nonimmigrant status, such as a B-2 tourist or F-1 student, or become a dependent on a spouse's visa.
  • Departure: You must leave the U.S. before the grace period ends if you do not secure a new status or pending application.

Employer Obligations

  • Wages: The employer must pay all normal wages and benefits through the final date of actual employment.
  • USCIS notification: The employer must notify the Department of Homeland Security (DHS) and USCIS in writing to formally revoke the H-1B petition and stop ongoing wage liabilities.
  • Return transportation: Under federal regulations (8 C.F.R. § 214.2), an employer terminating an H-1B worker prematurely must offer the reasonable cost of return transportation to the worker's home country.