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- Confirm your official last day in writing.
- Gather immigration and employment documents.
- Write down benefits and severance deadlines.
- Prepare questions for immigration counsel.
- Do not assume any grace period applies to your situation.
A note on timing
Some work-authorized employees may have time-sensitive options after a job loss. Your timeline depends on your status, petition validity, I-94, employment end date, dependents, and other facts. Confirm your situation with a qualified immigration attorney.
If you were part of a mass layoff, the federal WARN Act (or a state mini-WARN) may have required your employer to give 60 days written notice. WARN timing can interact with your immigration grace period.
Other prep tracks that pair with this hub: immigration topics for the documents conversation, severance prep if you've been offered an agreement, the HR question builder for what to confirm in writing, and if you were asked to resign if the conversation framed it that way.
Choose your status
Pick the status that applies to you. We'll show what to confirm, what to gather, and what to ask.
Document checklist
A general list of documents work-authorized employees often need. Your status may not need all of them.
- Passport
- Visa stamp
- I-94
- I-797 (if applicable)
- EAD (if applicable)
- I-20 (if applicable)
- DS-2019 (if applicable)
- Recent paystubs
- Offer letter
- Separation letter
- Severance agreement (if offered)
- Benefits notice
- Dependents' documents (if applicable)
Layoff steps by work authorization status
Use the picker above for a personalized list. The subsections below are a fixed reference covering the most common work-authorized statuses. Educational only — not immigration advice.
H-1B workers
First thing to confirm: Your last day of employment and whether your H-1B petition has been withdrawn or is still pending withdrawal with USCIS.
Documents to gather: I-797 approval notice, I-94, current visa stamp, recent paystubs (last 3 months minimum), offer letter, separation letter, employer correspondence about petition status.
Questions for immigration counsel: How does my grace period interact with severance pay timing? Can I file for a change of status while looking for a new employer? Are there portability options if I find a new sponsor quickly?
What not to assume: Do not assume your grace period starts when severance ends. Do not assume HR can confirm immigration timelines. Do not assume a new petition automatically restores status.
L-1A and L-1B workers
First thing to confirm: Your last day of employment and the validity of your L-1 petition and employer relationship.
Documents to gather: I-797 approval notice, I-94, current visa stamp, paystubs (last 3 months minimum), separation documents, evidence of qualifying relationship between U.S. and foreign employer.
Questions for immigration counsel: Does L-1 status allow the same grace period framework as H-1B? What are my options if the qualifying employer relationship ends? Can I switch to another visa category?
What not to assume: Do not assume L-1 portability works the same as H-1B. Do not assume you can extend with a different employer.
TN workers (USMCA, Canadian or Mexican citizens)
First thing to confirm: Your I-94 validity end date and last day of employment.
Documents to gather: I-94 record, current TN approval if applicable, employment letter detailing TN occupation, paystubs, separation letter.
Questions for immigration counsel: How does the TN grace period framework apply to my situation? Can I find a new TN-eligible employer within the grace period? What are my reentry options if I depart?
What not to assume: Do not assume TN status can be extended without a new employer or job offer in a TN-eligible occupation.
O-1 workers
First thing to confirm: Your last day of employment, the petitioner of record, and whether the petition was filed by your employer or by an agent.
Documents to gather: I-797 approval notice, I-94, petition documents (Form I-129 and supporting evidence), employment contract, paystubs, separation letter.
Questions for immigration counsel: If my petitioner was an agent rather than an employer, how does termination affect my status? Can I transition to another visa category? Do I have a grace period?
What not to assume: Do not assume O-1 status behaves like H-1B for grace period and portability. Petitioner relationship matters.
F-1 OPT workers
First thing to confirm: Your employment end date, your remaining OPT unemployment days, and your SEVIS record status.
Documents to gather: EAD card, I-20 with OPT endorsement, SEVIS information, paystubs, employment records, employer letter confirming separation.
Questions for immigration counsel and DSO: How many unemployment days do I have remaining? When must I report the change to my DSO? What are my options if I exceed the unemployment limit?
What not to assume: Do not assume unemployment days reset between OPT and STEM OPT. Do not assume your DSO has been notified by your employer.
F-1 STEM OPT workers
First thing to confirm: Your E-Verify employer status, your I-983 training plan implications, your employment end date, and your SEVIS record status.
Documents to gather: EAD card with STEM extension, I-20 with STEM OPT endorsement, Form I-983 training plan, SEVIS information, paystubs, employment records.
Questions for immigration counsel and DSO: How do STEM OPT training plan obligations interact with separation? What are my reporting requirements? Can I revert to regular OPT if STEM OPT employer requirements no longer apply?
What not to assume: Do not assume STEM OPT unemployment rules match regular OPT. Do not assume you can continue STEM OPT with a non-E-Verify employer.
E-3 workers (Australian citizens)
First thing to confirm: Your last day of employment, your I-94 validity, and your E-3 approval status.
Documents to gather: I-94, E-3 approval or visa documents, employment letter and Labor Condition Application, paystubs, separation letter.
Questions for immigration counsel: How does the E-3 grace period framework apply? Can I find a new E-3 sponsor? What are my options if I depart and reenter?
What not to assume: Do not assume E-3 works identically to H-1B despite similarities.
H-1B1 workers (Chilean or Singaporean citizens)
First thing to confirm: Your last day of employment, your I-94 validity, and your H-1B1 status.
Documents to gather: I-94, H-1B1 approval documents, employment letter and Labor Condition Application, paystubs, separation letter.
Questions for immigration counsel: How does the H-1B1 grace period apply? What are options for a new sponsor? How does reentry work?
What not to assume: Do not assume H-1B1 portability works the same way as H-1B portability.
Dependent work authorization (H-4 EAD, L-2 EAD, E-2 EAD, others)
First thing to confirm: Whether your work authorization depends on the principal worker's status, and the validity of your current EAD.
Documents to gather: Your EAD card, your dependent visa documents, the principal worker's status documents (I-797, I-94, visa), evidence of qualifying relationship.
Questions for immigration counsel: If the principal worker is laid off, how does that affect my EAD? Do I have an independent grace period? What are my options if the principal worker changes status?
What not to assume: Do not assume your EAD is independent of the principal worker's status. Most dependent EADs are tied to the principal's underlying nonimmigrant status.
What not to assume (general, applies to all statuses)
- Severance pay does not extend your immigration grace period.
- Grace periods are not identical across all nonimmigrant categories.
- A pending application does not automatically grant work authorization.
- HR does not have the authority to interpret your immigration timeline.
- Resignation language can have different consequences than involuntary termination for immigration purposes. Do not sign or send anything before understanding the implications.
- Your employer's notification to USCIS, USCIS processing time, and your own grace period clock are three different timelines that do not align.
What is the WARN Act and how does it apply to visa workers
Mass layoffs of visa-dependent workers may be covered by the federal WARN Act and by state mini-WARN laws. WARN notice timing — including the 60-day written notice requirement and any pay or benefits owed when notice is shortened — can interact with grace period planning for workers on H-1B, L-1, TN, O-1, F-1 OPT, STEM OPT, E-3, H-1B1, and dependent work authorization. See the full WARN Act guide for thresholds, exceptions, and state-specific rules.
When to contact qualified immigration counsel
Talk to a qualified immigration attorney before you sign any separation or severance agreement if you are on a work-authorized status. Status changes, grace-period readings, and severance language can have immigration consequences that are time-sensitive. An attorney licensed in U.S. immigration law can review your specific situation. This guide cannot.
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FAQ
What does the Work Visa Layoff Hub help with?
It is a plain-English preparation hub for workers whose U.S. work authorization depends on their job, including H-1B, L-1, TN, O-1, F-1 OPT and STEM OPT, and dependent work authorization. It helps you gather documents, confirm dates, and prepare questions to bring to a qualified immigration attorney.
Does Laid Off in America provide immigration advice?
No. We do not provide immigration advice. Our content is general and educational. For your specific situation, consult a qualified U.S. immigration attorney.
What documents should I gather after a work-visa layoff?
In general, it can be useful to keep recent paystubs, your I-94 record, copies of your visa or status approval notices, your separation or termination letter, written confirmation of your last day, and any communications with HR. A qualified immigration attorney can advise on what is needed in your specific case.
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References
This guide draws on guidance from U.S. Citizenship and Immigration Services (USCIS), the U.S. Department of State, U.S. Customs and Border Protection (CBP), the Student and Exchange Visitor Program (SEVP) for F-1 OPT and STEM OPT, and the U.S. Department of Labor. State labor agencies and applicable mini-WARN laws also apply for mass layoffs. For your specific situation, consult an immigration attorney licensed in U.S. immigration law and, where applicable, your Designated School Official (DSO).
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Laid Off in America provides educational planning support only. It does not provide legal, immigration, financial, tax, employment, insurance, or benefits advice.
Educational preparation tool, not immigration advice. Read the full disclaimer.