H-1B 60-Day Grace Period: Employer Guide to Hiring Transfers

H-1B workers who leave or are laid off from a sponsoring employer may have up to 60 consecutive days of grace period to seek new sponsorship or change status. Employers recruiting during this window must move quickly — a change-of-employer petition should be filed before status lapses.

Employer action items

• Confirm last day of employment with prior sponsor and I-94 expiration
• Verify candidate is within the 60-day grace window
• Open the transfer case immediately — LCA and I-129 take weeks
• Do not let the candidate start work until portability rules are met
• Escalate complex status issues to immigration counsel before extending an offer

Why speed matters

Grace-period hires are high-intent but time-sensitive. Employers who batch document collection over email often miss the filing window. Structured intake and flat-fee filing reduce delay between offer and USCIS submission.