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The O-1 Grace Period and Key Dates After Approval
If the job your O-1 is based on ends, USCIS does not treat you as out of status for that reason alone for up to 60 days or until your validity period ends, whichever is shorter. You may not work during that time, and USCIS can shorten or eliminate the period.
Last reviewed against the USCIS Policy Manual on
The 60-day grace period
“USCIS does not consider a beneficiary in O-1 status to have failed to maintain nonimmigrant status solely because of the cessation of the employment on which the visa classification was based for a period of up to 60 days or until the end of the authorized validity period, whichever is shorter.”
“USCIS may shorten or eliminate this 60-day grace period as a matter of discretion. Unless otherwise authorized under 8 CFR 274a.12, the O-1 beneficiary may not work during such a period.”
Two limits matter in practice: the period is “up to” 60 days, and it never runs past the end of your validity period. If your job ends 20 days before your validity period ends, the most you can have is those 20 days.
Admission before and after the validity period
“A beneficiary may be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. The beneficiary may engage in employment only during the validity period of the petition.”
| Date | How it is set | Source |
|---|---|---|
| Last day you may work | The end of the petition validity period | Ch. 9 A |
| Admission may run until | Up to 10 days after the validity period ends | Ch. 9 A |
| Grace period ends (if the job ends early) | Up to 60 days after the job ends, but no later than the validity period end | Ch. 9 A |
What your employer has to tell USCIS
“If the petitioner no longer employs the beneficiary, the petitioner must send a letter explaining the change(s) to the USCIS office that approved the petition.”
Frequently asked questions
- Is the O-1 grace period always 60 days?
- No. The Policy Manual says “up to 60 days or until the end of the authorized validity period, whichever is shorter,” and that USCIS may shorten or eliminate it as a matter of discretion.
- Can I work during the grace period?
- The Policy Manual says the O-1 beneficiary may not work during such a period, unless otherwise authorized under 8 CFR 274a.12.
- Can I enter the U.S. before my O-1 starts?
- The Policy Manual allows admission up to 10 days before the validity period begins and 10 days after it ends, but employment only during the validity period.
Related
Quotes are word for word from the USCIS Policy Manual, Volume 2, Part M. Practitioner tips are common practice, not USCIS rules. For informational purposes only, not legal advice.