Labor & Employment Law Daily Wrap Up, EXPERT INSIGHTS—Laid-off H-1B workers: new scrutiny of B-2 and H-4 'bridge' filings, (Jul 16, 2026)

Law Firms Mentioned:Fennemore

By Alycia Moss and Catherine Renshaw of Fennemore

H-1B workers who lose their jobs often have a short window to find a new employer, change status, or leave the United States. The basic 60-day grace-period rule has not changed. What has changed is the practical risk around some "bridge" filings, especially B-2 visitor or H-4 dependent change-of-status applications filed after a layoff while the worker looks for new H-1B employment.

What Changed

Under the immigration regulations, certain workers, including H-1B workers and their dependents, may be treated as maintaining status for up to 60 consecutive days after employment ends, or until the I-94 expiration date, whichever is shorter. During that period, the worker generally may not work unless otherwise authorized, but may apply for an extension of stay or change of status if otherwise eligible.

This 60-day grace period was created by a 2016 Department of Homeland Security (DHS) rule intended to provide more stability and flexibility to high-skilled workers and their employers during job transitions.

In practice, many laid-off H-1B workers have filed a B-2 visitor change of status to remain in the United States temporarily while arranging departure, visiting family, handling personal matters, or, incidentally, searching for new employment. Recent practice reports indicate that U.S. Citizenship and Immigration Services (USCIS) is more closely questioning whether those B-2 filings are supported by a genuine temporary visitor purpose, especially where a new H-1B petition is later filed. Reports also indicate increased scrutiny of H-4 "bridge" filings when the H-1B principal worker's employment has already ended. This appears to be an adjudication trend, not a formal change to the regulation.

Who May Be Affected

This development may affect laid-off H-1B workers who are in, or nearing the end of, the 60-day grace period; spouses and children seeking or holding H-4 status; employers hiring H-1B workers after a layoff; and foreign nationals who have filed a B-2 or H-4 change of status as a bridge before a new H-1B petition is filed.

It may also affect employers planning start dates. USCIS guidance for I-9 purposes states that an H-1B worker changing employers may begin working when the new employer files the H-1B petition only if certain requirements are met; if the worker is not currently in H-1B status, employment generally cannot begin until USCIS approves the Form I-129.

Why its Relevant [EH1]

A bridge filing can still be a useful option in some cases, but it should not be treated as automatic protection. If USCIS denies the B-2 or H-4 change of status, the denial may create problems for a later H-1B change-of-status request. In some cases, USCIS may approve the H-1B petition only for consular processing, meaning the worker must leave the United States, apply for an H-1B visa if needed, and re-enter before starting work.

Separately, H-1B fee rules have been changing quickly. A federal judge in Boston struck down the administration's $100,000 fee on new H-1B visas on June 8, 2026, but litigation and agency implementation should be monitored before any filing strategy assumes how that issue will be handled.

Actions Affected Workers and Employers Can Take

Track the exact last day of employment. Keep termination letters, payroll records, severance documents, and I-94 records.
Do not assume all 60 days are available. The grace period is discretionary and ends earlier if the I-94 expires.
Document the purpose of any B-2 filing. A B-2 request should explain a genuine temporary visitor purpose, not simply a plan to keep searching for H-1B work.
Confirm work authorization before starting. A pending B-2 or H-4 bridge application may affect whether H-1B portability work-start rules are available.
Coordinate timing carefully. Premium processing a new H-1B while a bridge filing is pending may bring the bridge filing under immediate review.
Plan for family members. H-4 spouses and children should be included in the strategy from the beginning, not handled as an afterthought.

The 60-day grace-period rule remains an important safety valve for H-1B workers after a layoff, but bridge strategies now require more careful planning and stronger documentation. Workers and employers should review timing, status history, travel plans, and start-date expectations before filing.

Alycia Moss and Catherine Renshaw

Fennemore

2394 E Camelback Rd

Suite 600

Phoenix

AZ 85016

United States

Tel.: +1 602 916 5000

E-mail: jabelson@fennemorelaw.com

URL: www.fennemorelaw.com/

Attorneys: (Fennemore).

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