The O-1 visa grace period after a layoff can last up to 60 consecutive days, or until your petition ends if that comes first. It is separate from the 10 days you can stay after your O-1 validity period ends. You cannot work during either window. DHS has proposed eliminating the 60 days, but that proposal is not in effect.
Key takeaways
- The 10 days follow your petition dates. The 60 days start when your job ends early.
- The O-1 visa grace period lasts up to 60 consecutive days or until your validity period ends, whichever is shorter.
- You cannot work during the 10 days or during the 60 days.
- On September 11, 2026, DHS proposed eliminating the 60-day grace period. Until a final rule is published, the current rule applies.
- If your employer ends the job, the employer and the petitioner pay the reasonable cost of your trip home.
- Jumpstart prepares O-1 petitions with a 98% approval rate and a methodology trained directly on USCIS adjudicator decisions.
How the O-1 visa grace period differs from the 10 days
People mix up two windows. They start at different times and follow different rules.
- The 10-day window: you can be admitted up to 10 days before your O-1 validity period starts and stay up to 10 days after it ends. It follows your petition dates, and you cannot work during those days.
- The 60-day grace period: if your job ends before your petition does, you are not treated as out of status for up to 60 consecutive days or until your validity period ends, whichever is shorter. It applies once per validity period, USCIS may shorten or eliminate it at its discretion, and you cannot work during it.
The 10 days come back with each extension. When USCIS extends your stay, it can add 10 days after the new end date.
The O-1 visa grace period also covers your spouse and children in O-3 status.
Who is affected
The O-1 visa grace period comes from a rule that also covers E-1, E-2, E-3, H-1B, H-1B1, L-1 and TN workers and their dependents. Any change to it reaches all of them.
On September 11, 2026, DHS proposed eliminating the 60-day grace period. It is a proposal, not a rule. Public comments are open until November 10, 2026, and nothing changes unless DHS publishes a final rule.
In practice: a layoff in September
Say your O-1 petition runs until June 30, 2027, and your job ends on September 30, 2026.
- Your O-1 visa grace period starts on October 1.
- Counting 60 consecutive days, it ends on November 29.
- If your petition had ended on November 15 instead, the window would close on November 15, because the shorter date wins.
During those days, a new employer or a US agent can file a new petition for you, you can ask to change to another status, or you can plan to leave. You cannot work.
If your employer ended the job, the employer and the petitioner are responsible for the reasonable cost of your return trip home. This does not apply if you resign.
What to do now
- Check the end date on your Form I-797 approval notice.
- Check the “Admit Until” date on your I-94 record.
- Write down the date your job ends.
- Do not work outside your O-1 validity period.
- Follow the DHS proposal until there is a final decision.
- Talk to an immigration attorney before you accept a new offer or book travel.
An O-1 filed by a US agent can cover work for several employers in one petition. For who can file, see O-1 Visa Self-Petition: Who Signs When It’s Your Company?
Frequently asked questions
Does the O-1 visa have a grace period?
Yes. If your job ends before your petition does, the O-1 visa grace period lasts up to 60 consecutive days or until your validity period ends, whichever is shorter. Separately, you can stay up to 10 days after your validity period ends.
How is the O-1 visa grace period counted?
It starts the day after your job ends and runs for up to 60 consecutive days. If your validity period ends first, the grace period ends with it. You get it once per validity period.
Can I work during the 10 days after my O-1 ends?
No. You can only work during the validity period on your petition. The 10 days are for getting ready to leave or for your next step.
Can a new employer hire me during the grace period?
A new employer or a US agent has to file a new O-1 petition for you. The grace period gives you time to arrange it, but it does not let you work. Ask an immigration attorney when you can start.
Does the grace period cover my spouse and children?
Yes. Your spouse and children in O-3 status are covered by the same grace period.
Who pays for my flight home if I’m laid off on an O-1?
If your employer ended the job, the employer and the petitioner are responsible for the reasonable cost of your return trip. This does not apply if you resign.
Is the 60-day grace period going away?
Not yet. DHS proposed eliminating it on September 11, 2026, and public comments are open until November 10, 2026. The current rule applies until a final rule is published.
Does the O-1 visa grace period apply if I quit?
The rule covers the end of the employment your O-1 is based on and does not limit it to layoffs. If you resign, your employer does not have to pay for your trip home.
How many times can I use the grace period?
Once per validity period. A new petition or extension starts a new validity period.
What happens if the 60 days end before I find a new job?
If no new petition or change of status has been filed by then, you may fall out of status. Talk to an immigration attorney before the window closes.
Your two dates decide what’s next
Your I-797 end date tells you how long the 10 days and the O-1 visa grace period can last. Your job end date tells you when the 60 days start. With both in hand, an immigration attorney can tell you which options are still open. At Jumpstart, we review those dates with you, and an independent licensed attorney reviews your case. We work with a 98% approval rate and a methodology trained directly on USCIS adjudicator decisions.
*Jumpstart is not a law firm and does not provide legal advice. All legal services are performed by independent licensed attorneys.
