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What Grace Periods Apply to O-1 Visa Holders After Employment Ends?

U.S. immigration regulations recognize that employment relationships and visa timelines do not always align perfectly. To address these practical realities, the immigration system provides specific grace periods designed to offer flexibility during transitions and prevent immediate violations of status due to circumstances often beyond the individual's control.

A 10-day grace period applies on both ends of the authorized O-1 stay. Specifically, O-1 holders are permitted to enter the United States up to 10 days before the start of their approved employment period and remain for up to 10 days after it ends. These extra days are typically reflected on the I-94 arrival record. However, employment is not permitted during this 10-day window. It is meant solely to give visa holders reasonable time to arrange arrival or departure. Importantly, this grace period is only available to those who have completed their authorized period of stay. It does not apply in cases where the O-1 beneficiary has been terminated or fallen out of status.

In 2017, [immigration regulations](https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/subpart-A/section-214.1) were updated to provide an additional 60-day grace period under certain conditions. If an O-1 visa holder’s employment ends—whether through layoff, contract expiration, or other reasons—they may remain in the United States for up to 60 consecutive days or until the end of their authorized stay, whichever is shorter. This grace period offers a critical buffer for individuals who need time to find new employment, apply for a change of status, or prepare to depart the country. Like the 10-day period, employment is not allowed during these 60 days. The grace period may only be used once during a given validity period. However, if the individual receives a new O-1 approval with a new validity period, the 60-day grace period becomes available again. It is also important to note that this 60-day benefit does not extend to O-2 visa holders.

For O-1 visa holders navigating a job transition or change in immigration status, these grace periods offer a valuable opportunity to plan next steps without being immediately considered out of status.

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