Key Points to Know About H-1B Revocations
Breaking News: A newly proposed policy under the Trump administration introduces a $100,000 fee for new H-1B petitions. Understanding the exclusions and strategies to navigate this change is essential.
- If your H-1B is officially revoked by USCIS, the approved I-129 petition for that employer is no longer valid.
- All H-1B visa holders who lose their jobs are granted a 60-day grace period to explore options.
- While U.S. immigration law does not specifically dictate how long an H-1B worker may stay in the country after a revocation or layoff, it is critical to take action quickly by finding new employment or seeking a change of visa status.
If your H-1B visa has been unexpectedly revoked, you may feel uncertain about your future. Although the process can seem overwhelming, there are legal pathways to recover from an H-1B withdrawal and remain employed in the United States.
What Does It Mean When an H-1B Is Revoked?
An H-1B revocation occurs when your employer decides—or is required—to withdraw the petition. This may happen before the visa is approved or while you are already working in H-1B status. Common reasons include:
- An employer abandoning the immigration process.
- A company going out of business.
- A layoff or termination of employment.
When this occurs, you may be considered out of status, which can have serious consequences for your ability to remain in the U.S. It is important to understand the process and act quickly.
H-1B Revoked: What You Need to Know
When an employer requests a withdrawal of your petition, USCIS begins the revocation process. This usually involves submitting multiple documents, and it may take several months for USCIS to complete the revocation. If you are aware that your employer intends to revoke your petition, you should begin searching for a new sponsoring employer immediately.
The 60-Day Grace Period Under DHS Rule
The Federal Register Final Rule grants H-1B holders a 60-day grace period after employment ends. This grace period begins the day you stop working for your sponsoring employer and is only available once per visa validity period.
Previously, foreign professionals were considered immediately out of status once employment ended, forcing many to leave on short notice. Recognizing this hardship, DHS introduced the grace period to give professionals time to secure alternative options.
During this 60-day window, you may:
- Find another sponsoring employer.
- File for a change of visa status.
- Pursue a pending I-140 petition.
- Or make arrangements to depart the U.S.
Importantly, during this period, you are not considered out of status, which protects your immigration record for future applications.
Frequently Asked Questions (H-1B Revoked FAQ)
How long can I stay in the U.S. if my H-1B is revoked or if I’m laid off?
Although immigration law does not specify a timeframe beyond the 60-day grace period, it is strongly recommended to seek alternative employment or file for a status change immediately.
What happens if my H-1B is revoked?
USCIS recognizes the 60-day grace period for employees affected by revocations or layoffs. You must secure another valid visa status before this period ends, or you will be considered out of status.
Should I maintain H-1B status if I have an Employment Authorization Document (EAD)?
While many individuals rely on EADs for employment, if your I-140 is not yet approved, you risk losing your ability to work if your petition is denied. Maintaining H-1B status provides an added layer of protection while your green card petition is pending.
Can I change to a different visa status after being laid off?
Yes. For example, you may change to H-4 or L-2 dependent status if your spouse holds H-1B or L-1 status. This can give you additional time to plan your next steps. An L-2 visa even allows you to apply for work authorization. Alternatively, a B-2 visitor visa may give you time to wrap up personal matters before leaving the U.S.
What is the difference between H-1B withdrawal and revocation?
- Withdrawal occurs while the petition is pending.
- Revocation occurs after the petition has been approved and then withdrawn by the employer.
Can a revoked H-1B be transferred to another employer?
No. A revoked H-1B cannot be transferred. However, you do have a 60-day grace period to secure sponsorship from a new employer.
How does USCIS know an H-1B is revoked or withdrawn?
Employers must send a withdrawal or revocation request directly to USCIS.
Can a revoked H-1B be reinstated?
If USCIS revokes your petition, the I-129 is no longer valid. To reinstate, your employer must refile a petition. This often means waiting until the next H-1B lottery season in April and beginning employment no earlier than October 1st—unless the employer qualifies as cap-exempt, in which case filing can occur at any time.
Why Work with Green Card Link
If your H-1B has been revoked or you are facing a layoff, it is crucial to act swiftly. At Green Card Link, its immigration attorneys are highly experienced in handling complex H-1B situations. They can help you evaluate your options, whether that means transferring to a new employer, applying for a dependent status, or exploring green card alternatives.
Contact an immigration attorney at Green Card Link today to receive tailored guidance and protect your future in the United States.
H-1B Visa Revocation: What It Means and Your Next Steps
Can a Revoked H-1B Be Used by a Future Employer?
If your H-1B was revoked due to a routine termination, such as a company layoff, you may still be able to transfer to a new employer. As long as you are within the 60-day grace period, a new employer can file a petition on your behalf without requiring you to go through the H-1B lottery again. However, if your termination was the result of fraud, misrepresentation, or illegal activity, securing future H-1B employment will be far more difficult, if not impossible.
Can I Revert to H-1B After Changing Status to H-4?
If you switch from H-1B to another visa category such as H-4, F-1, or L-2, you may return to H-1B status if you secure a new sponsoring employer. The good news is that in most cases, you do not need to re-enter the lottery. However, an exception applies if your previous employer was cap-exempt and your new sponsor is cap-subject. Because every case is unique, it’s recommended to consult an immigration attorney at Green Card Link to develop a personalized strategy.
Can I Look for a New Employer While My H-1B Is Being Revoked?
If you switch from H-1B to another visa category such as H-4, F-1, or L-2, you may return to H-1B status if you secure a new sponsoring employer. The good news is that in most cases, you do not need to re-enter the lottery. However, an exception applies if your previous employer was cap-exempt and your new sponsor is cap-subject. Because every case is unique, it’s recommended to consult an immigration attorney at Green Card Link to develop a personalized strategy.
Can I Stay on H-1B If My Employer Stops Paying Me?
Remaining “on payroll” without receiving pay is not a valid way to maintain H-1B status. USCIS only recognizes status when the employee is actively working and being paid. If you’re unpaid, you cannot provide the required pay stubs for extensions or status changes, which could raise red flags with USCIS. To protect your legal status, you should immediately consult with an immigration attorney at Green Card Link.
Will My H-1B Be Revoked After a USCIS Site Visit?
The Fraud Detection & National Security Division (FDNS) of USCIS regularly conducts site visits to confirm that H-1B employment complies with immigration regulations. These visits may involve verifying your identity, checking your work location, and asking about your job duties and education. If your answers do not align with your petition, or if your employer is found to be non-compliant, USCIS may initiate revocation. If you are working lawfully and in good faith, a site visit should not jeopardize your status.
Unlawful Presence vs. Out of Status
Many applicants confuse “unlawful presence” with “out of status.” These are not the same:
- Out of Status: You violated the terms of your visa (e.g., laid off, stopped studying under F-1, or failed to marry under K-1).
- Unlawful Presence: Begins once your authorized period of stay has expired, typically after your I-94 end date.
Being out of status can eventually lead to removal, while unlawful presence can trigger 3-year or 10-year reentry bars depending on the duration.
Severance Packages and H-1B Status
Even if you continue to receive severance pay after termination, your H-1B status ends the moment you stop working. Severance does not extend your H-1B status or grace period. While USCIS may overlook short pay gaps, you should never rely on exceptions—always verify your options with an immigration attorney at Green Card Link.
What If My Cap-Exempt H-1B Was Revoked?
Revocation applies to both cap-exempt and cap-subject H-1Bs. A cap-exempt employer may terminate or close operations, leading to revocation. However, if reinstatement is possible, the process is slightly easier—while a new petition is still required, you won’t need to wait until the next lottery season.
How Do I Check If My H-1B Was Revoked?
USCIS will send a revocation notice, which starts the 60-day grace period. You may also check your case status online by entering your receipt number. If uncertain, seek immediate guidance from an immigration attorney at Green Card Link to protect your options.
Is My Employer Responsible for Paying Me Until Revocation?
According to the Department of Labor, employers must pay H-1B employees until employment is officially terminated. To terminate properly, the employer must notify both USCIS and the Department of Labor, as well as offer return transportation to the home country.
Can USCIS Revoke an Approved H-1B?
Yes. USCIS can revoke approval if they discover fraud, misrepresentation, or regulatory violations. Examples include:
- Submitting multiple H-1B applications for the same job.
- Failing to notify USCIS when changing jobs.
- Working at a third-party site without disclosure.
The H-1B Grace Period
When terminated, H-1B holders receive a 60-day grace period to find new employment, change visa status, or depart the U.S. Staying beyond this period without legal action can trigger unlawful presence penalties.
H-1B Withdrawal Process
Employers must notify USCIS, the Department of Labor, and the worker in writing when withdrawing an H-1B petition. Failure to do so may keep the employer liable for wages. Rehiring after withdrawal requires filing an entirely new petition.
Can You Reactivate a Withdrawn H-1B?
Once withdrawn, an H-1B cannot be reactivated unless the withdrawal was incomplete (employer notified the worker but not USCIS). If USCIS has been notified, the petition is void and a new application is required.
What Is a Notice of Intent to Revoke (NOIR)?
A NOIR is a USCIS letter notifying you of intent to revoke your H-1B. This may occur due to fraud, misrepresentation, or an employer’s withdrawal request. A NOIR also impacts dependent family members, making it critical to act quickly with legal counsel.
H-1B Revoked or Laid Off: What Should You Do?
If your H-1B has been revoked or you were laid off, do not waste your 60-day grace period. Begin looking for a new employer, consider changing your status, or prepare to leave the U.S. to avoid accruing unlawful presence.
Stay in the U.S. With Help From Green Card Link
Losing your job or H-1B status can be stressful, but you don’t have to face it alone. The immigration attorneys at Green Card Link will carefully review your case and help you navigate your options—whether it’s filing a new petition, changing your status, or pursuing another pathway to stay in the United States.