Laid Off on an H-1B? 5 Legal Options to Stay in the US

Tens of thousands of skilled professionals arrive in the US on H-1B visas each year to contribute to industries like tech, healthcare, and finance. They build careers, pay taxes, raise families, and often plan for a long-term future. But a single layoff can disrupt everything.

Because the H-1B visa is tied directly to employment, losing your job triggers a strict 60-day grace period. During that time, you must find a new employer to sponsor you, change your visa status, or prepare to leave the country.

In 2023 alone, mass tech layoffs affected over 85,000 H-1B holders. Many found themselves scrambling for answers, unsure how to stay in status or what steps to take. While the grace period offers a narrow window of time, it comes with complex paperwork and significant consequences.

But you do have options. More than many realize. You may be able to stay in the US, keep working, or shift to a different visa altogether. At Deel Mobility, we’ve supported thousands through this exact situation by helping with H-1B transfers, self-sponsored visas, and flexible remote work arrangements.

This guide outlines five actionable options if you’ve been laid off on an H-1B and the best strategies to stay ahead in your Green Card race.

Option 1: Transfer your H-1B to another employer

As an H-1B visa holder, you can transfer your visa to a new employer without going through the lottery again. The transfer petition must be filed within the 60-day grace period following your layoff to maintain your status. If you’re exploring opportunities and unsure whether a company sponsors H-1B visas, you can check the public H-1B sponsor database. It provides a list of employers with a record of successful petitions.

To initiate the transfer:

• Gather the required documents: recent pay stubs, your I-797 approval notice, résumé, passport, academic transcripts, and ideally your original H-1B petition
• Ask your new employer to file Form I-129 and the associated Labor Condition Application (LCA)
• Opt for Premium Processing to ensure a decision within 15 days, which is especially helpful when time is tight

H-4 dependents like your spouse or children also fall under the same 60-day grace period. It’s important to avoid international travel during this time, as it can complicate the visa transfer and your legal status.

If your future employer is already partnered with Deel, the process tends to move faster and with fewer hurdles. Deel Mobility automates your immigration progress into one single platform: document collection, LCA filing, contract generation, attorney coordination, case tracking, and USCIS updates. You get complete visibility at every step of your petition, with fewer delays and no scattered communications.

Don’t have an employer on Deel? You can still apply as an individual. Our platform connects you with top-tier immigration attorneys, guarantees 24-hour response times, and ensures there are no surprise legal fees. It’s the same tech-backed workflow that’s helped over thousands of users achieve a 98% approval rate. Just apply online, and we will manage the entire process without hassle.

Option 2: Change your H-1B status to a different work visa

If you can’t find an employer to sponsor your H-1B transfer and need to make income immediately, you might be able to get hired on a different work visa. If you can get on the phone with an immigration lawyer, you can pretty quickly evaluate your qualifications for adjustment of status:

• H-4 dependent visa for spouses and children of H-1B holders
• O-1 visa for founders, entrepreneurs, and anyone at the top of their field. Learn more about O-1 qualifications
• E-1 or E-2 visa for citizens of certain treaty countries

The eligibility criteria for each of these visas can be complex. Your professional background, country of origin, and employment history all play a role, and most platforms aren’t equipped to help you navigate that decision with clarity or urgency.

That’s where Deel Mobility fills the gap. Our immigration team offers individualized consultations to assess which visa paths you’re eligible for, and once identified, we handle the entire application process through a single, centralized platform. You’re matched with a dedicated immigration attorney, receive all updates through the Deel dashboard, and benefit from 24-hour response times.

Authentic’s founder, Quinn Litherland, found himself in exactly this situation after hitting dead ends with other immigration service providers. He reached out to Deel’s immigration team, based on a friend’s suggestion. They reviewed his background, confirmed that he qualified for an O-1A, and filed the paperwork immediately. Just three days later, his visa was approved.

Option 3: Change your H-1B status to a non-work visa

If you’ve got some savings and don’t need to make income right away, you can potentially stay in the US by doing some non-work activities on visas that allow you to be in the US and not be employed. A few options include:

• B-1 or B-2 visitor visa: Your reason for entering the US must align with the visa category. That includes travel, rest, or short-term planning—not job searching or meeting potential employers. Any mismatch in intent can affect future immigration filings
• F-1 student visa: This option allows you to study in the US, but you must first receive a Form I-20 from a SEVP-certified institution and show that you can financially support yourself without working

These visas aren’t designed for long-term stays, but they can offer temporary stability while you plan your next steps. If you’re considering this route, be sure to build in a buffer as processing times can take up to 6 months.

Option 4: Apply for a self-sponsored green card

H-1B workers are qualified for a self-sponsored green card without needing an employer, given they have built a strong career in research, leadership, entrepreneurship, or any specialized domain. There are two main pathways:

• EB-1A for extraordinary ability: Aimed at individuals who are recognized at the top of their field in the sciences, arts, education, business, and athletics
• EB-2 NIW for exceptional ability: For those with exceptional ability in the sciences, arts, or business, or professionals with an advanced degree, to live and work in the US

Both categories require detailed, well-organized documentation: peer endorsements, published work, salary history, and press mentions are commonly included.

More than 1,000 professionals have turned to Deel Mobility to manage self-sponsored green card applications and navigate immigration laws. The intuitive platform helps to organize documentation, aligning qualifications with USCIS requirements, structuring your evidence portfolio, and handling the legal preparation and filing.

With a dedicated case advisor and a secure dashboard, you can move forward confidently without the delays, guesswork, or last-minute surprises that often derail applications.

Option 5: Leave the US—Or stay employed abroad without H-1B sponsorship

Sometimes, leaving the US makes sense. But "leaving" doesn't have to mean abandoning your job or income. If your employer uses Deel, you have a powerful alternative: continue your employment in your home country through Deel's Employer of Record service, with zero visa sponsorship required.

What is Employer of Record (EOR)?

Employer of Record means Deel becomes your legal employer in your home country, while your US employer remains your day-to-day employer. You:

• Keep your job with no interruption to your role or responsibilities
• Maintain your salary and benefits through a compliant local employment structure
• Avoid the 60-day pressure and legal complexity of visa transfers
• Gain time and flexibility to explore permanent residency options (EB-1A, EB-2 NIW) without employment stress

How it works

When you're laid off on H-1B, instead of scrambling for a new sponsor in 60 days, your employer (if they use Deel) can transition you from H-1B sponsorship to Deel EOR employment in your home country. Deel handles:

• Local payroll and tax compliance
• Employee benefits (health insurance, retirement, etc., varies by country)
• Contract management and legal documentation
• Ongoing HR and compliance support

You remain fully employed, fully compliant, and no visa headaches.

Real-world example

You're laid off on an H-1B in the US. Your employer—who uses Deel—offers to transition you to remote work in your home country via Deel's EOR.

If you’re open to new horizons, you could also explore international roles. Remote-first hiring is growing fast, and countries like Estonia now offer digital nomad visas for professionals working from anywhere. Deel helps manage that transition too, guiding you through visa paperwork, government submissions, and country-specific rules so you’re never navigating it alone.

Dylan Hey, a UK-based founder, used Deel to secure his Estonian visa and continue working while traveling. As his company grew across 11 countries, Deel took care of employment logistics so his team could stay lean and fully distributed.

Take control of your H-1B visa status with Deel Mobility today

Getting laid off on an H-1B can feel like everything is up in the air, but with the right information, it can also open new paths forward. Thousands of professionals have used Deel Mobility to stay in the US, switch to a new visa, or transition abroad without losing momentum.

Wherever you’re headed next, Deel gives you the structure and support to move with confidence.

Book a free consultation below to get personalized guidance on your next steps.