Backup Plan for H-1B Visa Holders After Layoffs: Step by step guide

Losing your job is stressful for anyone, but for H-1B visa holders, layoffs come with an extra layer of pressure. Once your employment ends, the 60-day grace period begins. That means you have only 60 days to find a solution that keeps you legally in the United States.

If you’ve been laid off or want to prepare yourself, here is a simple, step-by-step backup plan for H-1B visa holders after layoffs that is easy to follow, clear, and realistic.

Backup Plan for H-1B Visa Holders After Layoffs

1. Understand Your 60-Day Grace Period

Your first step in any H1B backup plan is understanding the 60-day rule. From the day you stop working, you have up to 60 consecutive days, or until the end of your I-94 (whichever comes first), to make a move: new job, new visa, or departure.

This period is your window to act, so the faster you start, the more options you keep open.

2. Try to Transfer Your H-1B As Soon As Possible

The easiest solution after layoffs is finding a new employer who will file an H-1B transfer. A new job offer stops the 60-day clock once the transfer is filed. Even if approval takes time, you can stay and work legally.

So, start job searching immediately, mention to the new potential employer that you're already counted under the cap, and be ready with documents your new employer may request.

3. Prepare Your Documents Before You Need Them

A strong backup plan for layoff visa holders is to have all the needed documents even before they are required to. Here are some documents you might need if you plan to transfer your H-1B to a new employer:

Personal and Immigration Documents

• Passport (biographic page)

• Current U.S. visa stamp (if available)

• I-94 record (printout from CBP website)

• All previous H-1B approval notices (I-797A or I-797B)

Employment Proof

• Updated résumé

• Recent pay stubs (usually last 2–3 months)

• Most recent W-2 forms

• Employment verification letter from previous employer (if possible)

• Certifications or licenses required for your job

Educational Documents

• Degrees (Bachelor’s, Master’s, PhD)

• Transcripts

• Credential evaluation (if your degree is foreign)

Being organized gives you speed, which is your biggest advantage in the 60-day period. If a transfer is not possible within 60 days, continue with other possible solutions.

4. Consider Switching to a New Visa (If You Qualify)

If an H-1B transfer is not possible within your 60-day grace period, your next step is to explore alternative visa options. A solid backup plan for H-1B visa holders after layoffs includes knowing which of these paths fits your situation.

O-1 Visa (For High Achievers)

For many professionals, the O-1 visa can be a powerful backup plan for H-1B visa holders after layoffs, especially if you have achievements, leadership experience, publications, awards, or strong recognition in your field.

The O-1 has several advantages:

• No annual cap.

• Faster processing (premium processing available).

• Flexible employment structure.

• You don’t need an employer to sponsor you directly; an agent can do it.

The best part is that, if you are qualified, you can go for premium processing to rush things up before your H-1B visa comes to an end. Usually, premium processing takes an average of 15 days, if you have the right attorney and solid documentation for your case.

Learn more about how to apply for the O-1 visa here.

EB-2 NIW (National Interest Waiver)

If you cannot secure a new H-1B and do not qualify for the O-1, consider the EB-2 NIW as part of your H1B backup plan. This is a green card option for professionals who can show:

• Advanced degree or exceptional ability, and

• That their work benefits the United States.

The EB-2 NIW does not require a job offer, which is helpful during layoffs.

Important note: You cannot stay in the U.S. just because you filed the NIW, unless you also have a valid nonimmigrant status. But applying for the NIW within the 60-day period allows you to secure a pathway that can later lead to adjustment of status.

Other Temporary Options

Depending on your background, consider:

• B-1/B-2 Change of Status: If you’re running out of time, you can file a B-1/B-2 change of status. This does not give you work authorization, but it gives you more time to continue your job search.

• L-1 visa if you can transfer within your company abroad.

• F-1 student visa if you want to continue studying.

• E-2 investor visa if you are from a treaty country and want to start a business.

Check out more visa alternatives to the H-1B visa here.

5. Work With an Immigration Attorney Early

Layoffs are complicated, especially for H-1B holders. Applying for an O-1, transferring an H-1B, or filing a B-1/B-2 application under pressure is risky if you do it alone.

An attorney can help you:

• Evaluate whether the O-1 or any other visa alternative is possible.

• Determine the safest option based on your timeline.

• Gather documentation to back up your case for changing status.

• File quickly so you stay within the 60-day grace period.

At Gill Law Firm, we have helped many talents worldwide to achieve their goals in the United States. So, if you are looking for an attorney who can guide you fast and easily through all this pressure, we are the right choice for you. 

And even if you want to keep exploring options, especially if you are in Florida, here is a guide on how to hire a business immigration attorney.

Prepare your H1-B Visa Backup Plan Now! 

Having a backup plan for H-1B visa holders after layoffs is not optional, it is essential. The immigration system moves fast, and so should you. Whether you transfer your H-1B, apply for an O-1, prepare an EB-2 NIW, or switch temporarily to B-1/B-2, you do have options, even in a stressful moment.

If you need help evaluating your specific situation, Gill Law Firm can guide you through every step and help you choose the strategy that protects your future in the U.S.

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Have questions about the Backup Plan for H-1B Visa Holders After Layoffs?

1. What happens to my H-1B status if I get laid off?

When an H-1B worker is laid off, the 60-day grace period begins. During these 60 days, you can transfer your H-1B to a new employer, change status to another visa, or prepare to leave the United States. If you do not take action within these 60 days, you fall out of status.

2. Can I stay in the U.S. after the 60-day grace period?

Yes, but only if you file a valid change of status before the 60 days end. Many H-1B visa holders apply for B-1/B-2 status to legally remain in the U.S. while job hunting or preparing an O-1 or EB-2 NIW petition. Simply staying past 60 days without filing anything counts as being out of status.

3. Can I apply for an O-1 or EB-2 NIW during my grace period?

Yes. If you have the qualifications, applying for an O-1 or EB-2 NIW can be part of a strong H-1B backup plan. The O-1 can be filed and approved quickly, especially with premium processing. The EB-2 NIW can be filed during the 60-day period, but it does not allow you to remain in the U.S. unless you also maintain a valid nonimmigrant status, such as H-1B, B-1/B-2, or F-1.

4. What documents do I need if a new employer wants to transfer my H-1B?

Typical documents include: passport, current visa stamp, I-94 record, all H-1B approval notices (I-797s), recent pay stubs, W-2s, degree certificates, transcripts, résumé, and employment verification letters. Having these ready speeds up the transfer process and helps you stay within the 60-day grace period.