Laid off on an H-1B in Research Triangle Park? Your 60-Day Grace Period Options Explained (2026)
The H-1B 60-day grace period allows workers in the Research Triangle Park (RTP) area who are terminated—voluntarily or involuntarily—to remain legally in the United States for up to 60 consecutive days or until their authorized validity period ends, whichever is shorter. This window provides time to secure new employment, change visa status, or prepare to depart.
With tech and medical sectors in Raleigh, Cary, and Durham facing shifts, sudden job loss can trigger significant stress for H-1B holders. As an immigration attorney and daughter of immigrants, I empathize with the urgency and anxiety involved. Our firm helps professionals navigate this period smoothly to protect long-term permanent residency goals.
Your Primary Options During the Grace Period
- H-1B Transfer: A new employer files Form I-129. You can start work upon USCIS receipt—no approval needed.
- Change of Status: Switch to B-1/B-2 (for job hunting, no work allowed), F-1 (student visa via university enrollment), or H-4 (if spouse has H-1B).
- Self-Petition: For distinguished professionals, consider EB-2 NIW (National Interest Waiver) without employer sponsorship.
Common Questions
Does it apply if I resign? Yes, voluntarily or involuntarily.
Can I work during the period? No, unless a new H-1B transfer is filed.
What if no job in 60 days? File a transfer or status change, or depart to avoid unlawful presence.
Act quickly—consult an attorney to avoid status issues.
