October 2026 Layoffs at Netflix, eBay, HubSpot, EA and Dropbox: A First-Week Plan for H-1B and STEM OPT
Cut from Netflix, eBay, HubSpot, EA or Dropbox on a visa? Your clock runs from your last day of employment, so the first 14 days matter most.
Part of our guide to H-1B visa stamping.
If you lost a job in the tech layoffs of October 2026 at Netflix, eBay, HubSpot, Electronic Arts, Dropbox or Amazon, your next move depends on your status. On an H-1B, as of November 1, 2026, you still have a grace period of up to 60 consecutive days, or until your validity period ends if sooner, for a new employer to file, to change status or to leave. On STEM OPT a layoff starts no separate grace period: your unemployment counter runs, capped at 150 days in aggregate across OPT and STEM OPT. The plan to end the H-1B grace period is only a proposal.
Status as of November 1, 2026
- In effect: the worker grace period of up to 60 days at 8 CFR 214.1(l)(2), for H-1B, H-1B1, L-1, O-1, TN and E workers and their dependents.
- Proposed: eliminating it (RIN 1615-AD22). Comments close 2026-11-10, 11:59 p.m. ET (check the docket / Federal Register for the outcome after 2026-11-10).
- In effect, unchanged: OPT unemployment limits of 90 days, or 150 in aggregate with STEM OPT.
- Scheduled: from 2026-11-09, USCIS takes only the 09/09/26 Form I-129; old mailing addresses work only through a 2026-11-09 postmark.
- Upcoming: Challenger's October layoff report, due 2026-11-05.
Tech layoffs October 2026: who cut jobs, and what it means for your visa
In October 2026, Netflix (about 1,000 roles), eBay (about 9%), HubSpot (about 660), Electronic Arts (about 400), Dropbox (about 9%) and Amazon (fewer than 1,000 Stores roles plus about 250 in Devices) announced cuts. For anyone on H-1B or STEM OPT, the clock runs from your last day of employment, not from the announcement date.
| Company | Announced | Reported size | Where it comes from |
|---|---|---|---|
| Netflix | 2026-10-14 | About 1,000 roles (about 6%) | Company announcement and news reports |
| eBay | 2026-10-20 | About 9% (about 1,000 per Reuters); $130M to $150M in charges | eBay Form 8-K (percentage and charges) |
| HubSpot | 2026-10-06 | About 660 (about 7%) | Company announcement |
| Electronic Arts | 2026-10-21 | About 400, including BioWare | News reports |
| Amazon | 2026-10-07 and 2026-10-28 | Fewer than 1,000 Stores roles plus about 250 in Devices | News reports |
| Dropbox | 2026-10-28 | About 9% (about 200, per news reports) | Dropbox Form 8-K (percentage only) |
October 2026 tech layoffs at a glance, as of 2026-11-01. Sizes are approximate. HubSpot's CEO said its cut was "not driven by AI-related efficiencies."
Challenger, Gray & Christmas reported on 2026-10-01 that US employers announced 43,281 job cuts in September and 573,195 through September, with technology at 165,925 year to date, up 54%. In the September Challenger report's words, "Technology accounts for 29% of all job cuts announced in 2026, more than any other industry." Crowdsourced trackers such as layoffs.fyi count differently, so their totals will not match Challenger's.
Two cautions. Microsoft's offer to about 60,000 employees is a voluntary buyout with a December 31 exit, not a layoff. And no announcement says how many visa holders were affected or what any company will do about sponsorship. If an employer you are interviewing with had layoffs too, EO 14431 (in effect) tells agencies to weigh them, with no automatic denial and no guidance on how.
The rules after a layoff, by status (as of 2026-11)
| Your status | What starts after your last day | Limit | Rule, status | Ask |
|---|---|---|---|---|
| H-1B (also H-1B1, L-1, O-1, TN, E) | Discretionary grace period | Up to 60 consecutive days or the end of your validity period, whichever is shorter; once per validity period | 8 CFR 214.1(l)(2), in effect; elimination proposed | Immigration attorney |
| H-4 spouse or child of that worker | The same grace period | Tied to the principal | Covered by 214.1(l)(2) | Immigration attorney |
| Post-completion OPT | Unemployment counter | 90 days | SEVP limit, in effect | DSO |
| STEM OPT | Unemployment counter continues | 150 days in aggregate, OPT days included | SEVP limit, in effect | DSO |
| STEM OPT in cap-gap | Cap-gap ends if the H-1B petition is denied, withdrawn, revoked or rejected | Otherwise to April 1, or the petition start date if earlier | USCIS cap-gap rule, in effect | DSO and attorney |
| Approved I-140 | Approval survives a withdrawal filed 180+ days after approval | Not a status | 8 CFR 205.1(a)(3)(iii)(C), in effect | Immigration attorney |
How many days do I have after a layoff on H-1B?
Up to 60 consecutive calendar days, or until your authorized validity period ends, whichever is shorter. The regulation, 8 CFR 214.1(l)(2), grants it "once during each authorized validity period", lets DHS shorten or eliminate it, and says "the alien may not work during such a period."
Your validity period usually ends on your I-94 date, so check your latest I-94 before you count to 60. USCIS's page on options after termination, now archived by USCIS as out of date, says: "The maximum 60-day grace period starts the day after termination of employment." Inside the window, if eligible, you can be the beneficiary of a nonfrivolous petition from a new employer, file a change of status (for example to H-4, F-1 or B-2), file for adjustment of status, apply for a "compelling circumstances" EAD, or depart.
The new-employer route wins on speed because of H-1B portability: per the same page, eligible workers "may begin working for a new employer as soon as the employer properly files" the new petition, without waiting for approval. Our guide to what the H-1B grace period covers after a layoff, a termination or a company closure walks through each trigger.
On the $100,000 payment: USCIS's Form I-129 page says a court "vacated agency guidance implementing the $100,000 payment requirement," so it is not being collected as of 2026-11-01, though "DHS still plans to collect the payment" if the order is lifted. Even then, petitions granted inside the United States as a change of status, amendment or extension of stay were never covered; a petition for consular processing abroad would be.
Does severance change when my grace period starts?
It can. The same archived USCIS page says termination is "typically determined based on the last day for which a salary or wage is paid." Staying on payroll through a notice period differs from a lump sum paid after you separate, and only your separation agreement says which you have. A WARN Act notice (DOL guidance) announces a layoff in advance; its date is not your termination date. Read our breakdown of how severance and your final paycheck affect when the grace period clock starts, have an immigration attorney read the agreement, and plan from the earliest date that could apply.
Is the 60-day grace period being eliminated?
Not as of November 1, 2026. DHS published a proposed rule to eliminate the discretionary 60-day grace period (RIN 1615-AD22, 91 FR 57807) on 2026-09-11. Comments close 2026-11-10 at 11:59 p.m. ET, with about 27,000 filed as of 2026-11-01.
It would remove 214.1(l)(2) for E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers and their dependents. What would remain is the separate 214.1(l)(1) window of up to 10 days after the validity period, which runs from the petition's end date, not from a layoff. No 30-day or 180-day H-1B grace period exists or is proposed. The proposal does not touch F-1 students, whose own 60-day grace period still applies because a federal court has blocked the Duration of Status rule since 2026-09-14 (summary judgment is briefed and DHS's appeal is pending).
How many unemployment days do I get on STEM OPT?
150 days in aggregate, including any days used on post-completion OPT, which alone allows 90. The SEVIS Help Hub unemployment counter page (updated 2026-07-27) says SEVIS will "Look back to the Actual OPT Start Date" and "Count each day without employer information."
That is why reporting matters. SEVP's STEM OPT reporting page for students says you must report the end of your training "within 10 days of the event," with your final Form I-983 self-evaluation due within 10 days of leaving. Your employer must tell your DSO "no later than five business days" after you leave (employer reporting page). Your next employer must be enrolled in E-Verify (USCIS STEM OPT page), and the student page says a new Form I-983 goes to your DSO within 10 days of starting. Our explainer on how STEM OPT unemployment days are counted covers part-time work and gaps.
Laid off in cap-gap with a cap-subject H-1B petition pending? Cap-gap ends automatically if that petition is denied, withdrawn, revoked or rejected, and a former employer may withdraw it. Ask your former employer in writing whether it will, then take the answer to your DSO and your own immigration attorney.
What happens to H-4 spouses and children?
H-4 status follows the H-1B principal, and USCIS's archived page says the grace period applies to workers "(and their dependents)." If your spouse holds an H-4 EAD, the same page says that authorization "will remain valid during the maximum 60-day grace period." If nothing is filed in time, the page says workers "and their dependents may then need to depart."
H-4 EAD renewals filed on or after 2025-10-30 get no automatic extension, under a final rule in effect since 2026-10-14, so check the card's end date. No proposed or final rule ends the H-4 EAD; DHS lists a long-term agenda item (RIN 1615-AD14) with no proposal date. If you are the one laid off and your spouse is on H-1B, the H-1B to H-4 change of status route is a Form I-539 that must be filed inside your grace period.
What if my I-140 is pending or approved?
Under 8 CFR 205.1, an I-140 that is withdrawn "180 days or more after its approval ... remains approved unless its approval is revoked on other grounds." A withdrawal before that point revokes it unless an I-485 has been pending 180 days. The same section says the old job offer is rescinded, so a new employer generally files its own green-card petition, unless you qualify to adjust under section 204(j), an exception tied to a long-pending I-485.
An approved I-140 can still support three-year H-1B extensions past the six-year limit under AC21 section 104(c), which applies when per-country limits hold up your visa, and a PERM or I-140 filed 365 or more days earlier can support one-year extensions under section 106(a) (8 CFR 214.2(h)(13)(iii)(D)-(E)). USCIS also lists a compelling circumstances EAD for some workers with an approved I-140. A pending I-140 has no approval to protect yet, so ask your attorney what your old employer plans to do with it.
Your first 14 days, by status
This is a checklist, not a verdict on your case. F-1, OPT and SEVIS questions go to your DSO; petitions, changes of status and green-card strategy to a licensed immigration attorney; severance tax and 401(k) withdrawals to a tax professional who handles nonresident returns.
| Day | H-1B worker | STEM OPT | H-4 dependent | Pending or approved I-140 |
|---|---|---|---|---|
| Day 0 (last day) | Get a written last day of employment; save final pay stubs | Confirm the last day in writing; your employer has 5 business days to tell your DSO | Save every family member's I-94 and I-797 | Copy the I-140 receipt or approval notice and note the approval date |
| Days 1-3 | Mark day 60 and your I-94 end date; use the earlier | Report to your DSO and send the final I-983 self-evaluation (10-day limit) | Check the H-4 EAD end date | Ask the employer in writing whether it will withdraw the I-140 |
| Days 4-7 | Meet an immigration attorney; ask whether a fallback I-539 fits your case | Ask the DSO for your SEVIS unemployment count; check cap-gap | Ask whether family I-539s go with a new I-129 | Ask the attorney about 104(c), 106(a) and a compelling circumstances EAD |
| Days 8-14 | Push offers toward a filed I-129 (portability starts on filing) | Screen employers for E-Verify and a new I-983 | Plan the H-1B to H-4 route if your spouse is on H-1B | Give the new employer's attorney your priority date and I-140 copies |
Day-0 to day-14 checklist, as of 2026-11-01. Day counts are calendar days.
A worked timeline with real dates
Say your last day of H-1B employment is Friday, 2026-10-30 and your I-94 runs to 2027.
- 2026-10-31: day 1 of the grace period.
- 2026-11-09 (day 10): USCIS says, "Starting Nov. 9, 2026, we will accept only the 09/09/26 edition of Form I-129." Old filing addresses work only if postmarked on or before this date.
- 2026-11-10 (day 11): comments close on the grace-period proposal. A comment period closing changes no rule.
- 2026-12-11 (day 42): stopgap funding expires unless Congress passes funding by then. Fee-funded USCIS kept working in past DHS lapses (CRS), but practitioners report, from past shutdowns, that DOL's office that certifies the LCA every H-1B petition needs could stop, and E-Verify went offline in the 2025 shutdown. That is precedent, not a prediction.
- 2026-12-29 (day 60, a Tuesday): the last day, unless your I-94 ends sooner.
On STEM OPT it is a count, not a window. If you used 30 unemployment days earlier and your last day was 2026-10-16, you have 120 left; the 120th day without employer information would be 2027-02-13, unless your STEM OPT EAD ends first. Confirm the SEVIS count with your DSO.
Without premium processing, the USCIS processing times tool showed 10 months for H-1B change of status and 11.5 months for extension of stay (80% of cases, read 2026-11-01); premium processing (Form I-907, $2,965) targets 15 business days for most I-129s. Because of portability, the filing date matters more than the wait.
What to do this week
- Request a separation letter from HR stating your last day of employment and how severance is paid.
- Download your latest I-94 from CBP's I-94 website and write its end date next to your day 60.
- Email your DSO within 10 days if you are on STEM OPT, reporting the job loss with your final Form I-983 self-evaluation.
- Book a consultation with a licensed immigration attorney; bring your I-797 notices, I-94s and separation agreement.
- Ask each serious employer whether it can file Form I-129 on the 09/09/26 edition, with premium processing on Form I-907.
- Ask your attorney whether a fallback Form I-539 (to H-4, F-1 or B-2) makes sense; if it does, it goes on the accepted 08/28/24 edition to USCIS's current filing address.
- Talk to a tax professional before signing a severance agreement or cashing out a 401(k).
Common mistakes
- Counting from the announcement or the WARN notice. The clock runs from the end of employment; plan from the earliest date that could apply.
- Believing the rumours. As of 2026-11-01 the H-1B grace period is up to 60 days, not 30 or 180, and its elimination is only proposed. OPT unemployment is 90 days, 150 with STEM OPT, not 60.
- Leaving the DSO report to your employer. You have your own 10-day duty.
- Taking a STEM OPT job without E-Verify or a signed Form I-983. That work is not qualifying STEM OPT employment; check with your DSO before day one.
- Assuming a weekend day 60 rolls to Monday. PA-2026-15 (in effect since 2026-10-23) rolls some day-counted paper deadlines, never online filings; our reading is that it is unclear whether it reaches a grace period. File early.
- Booking international travel mid-grace. The grace period protects a stay inside the United States; talk to an attorney before any trip.
Frequently asked questions
How many days do I have after a layoff on H-1B?
As of November 1, 2026, you have up to 60 consecutive calendar days, or until your authorized validity period ends if that is sooner, under 8 CFR 214.1(l)(2). The period is discretionary, applies once per validity period and does not let you work. Within it a new employer can file a petition, you can file a change of status, or you can leave the United States.
How many unemployment days do I get on STEM OPT?
You get 150 days in aggregate, and that total includes any days you used on post-completion OPT, which on its own allows 90. SEVIS counts each day without employer information, looking back to your actual OPT start date. Both limits are unchanged as of November 1, 2026, and claims of a 60-day OPT limit are wrong.
Is the 60-day grace period being eliminated?
Not as of November 1, 2026. DHS proposed eliminating the worker grace period (RIN 1615-AD22) on 2026-09-11, and comments close 2026-11-10 at 11:59 p.m. ET. Until a final rule is published and takes effect, the current 60-day period applies. The proposal covers H-1B, H-1B1, L-1, O-1, TN and E workers and their dependents, not F-1 students.
Does severance change when my grace period starts?
It depends on how the severance works. USCIS guidance, now archived, said the 60 days start the day after employment ends, which is typically the last day for which a salary or wage is paid. Staying on payroll as an employee through a notice period is different from a lump sum paid after you separate, so have an immigration attorney read your separation agreement and plan from the earliest possible date.
Which companies announced layoffs in October 2026?
Announced October 2026 cuts include Netflix (about 1,000 roles, roughly 6%), eBay (about 9%), HubSpot (about 660, roughly 7%), Electronic Arts (about 400), Dropbox (about 9%, roughly 200) and Amazon (fewer than 1,000 Stores roles plus about 250 in Devices). Microsoft's offer to about 60,000 employees is a voluntary buyout, not a layoff. Challenger's October report is due 2026-11-05.
Sources
- 8 CFR 214.1(l): grace periods for H-1B and other workers
- 8 CFR 205.1: automatic revocation of immigrant petitions
- 8 CFR 214.2(h)(13)(iii)(D)-(E): H-1B extensions past six years
- USCIS: Options for Nonimmigrant Workers Following Termination of Employment (archived page)
- USCIS: Form I-129 and filing location updates
- USCIS: STEM OPT extension and processing times
- Federal Register: proposal to eliminate the 60-day grace period and final rule ending automatic EAD extensions
- Study in the States: unemployment counter, student and employer STEM OPT reporting
- DOL: WARN Act compliance assistance
- Congressional Research Service: Lapses in DHS Appropriations (R49105)
- Challenger, Gray & Christmas: September 2026 report
- SEC filings: eBay 8-K, Dropbox 8-K
How we checked this: we read the regulations, USCIS, SEVP, DOL and Federal Register pages above, the Challenger report and the company filings on 2026-11-01, and dated every status.
This is general information, not legal or tax advice; your own I-94, I-797, I-20 and separation papers, and your DSO or immigration attorney, govern your case.
A layoff compresses months of job search into weeks. If you want help aiming those weeks at employers that hire people on H-1B and STEM OPT, talk to F1Jobs.
Frequently asked questions
How many days do I have after a layoff on H-1B?
As of November 1, 2026, you have up to 60 consecutive calendar days, or until your authorized validity period ends if that is sooner, under 8 CFR 214.1(l)(2). The period is discretionary, applies once per validity period and does not let you work. Within it a new employer can file a petition, you can file a change of status, or you can leave the United States.
How many unemployment days do I get on STEM OPT?
You get 150 days in aggregate, and that total includes any days you used on post-completion OPT, which on its own allows 90. SEVIS counts each day without employer information, looking back to your actual OPT start date. Both limits are unchanged as of November 1, 2026, and claims of a 60-day OPT limit are wrong.
Is the 60-day grace period being eliminated?
Not as of November 1, 2026. DHS proposed eliminating the worker grace period (RIN 1615-AD22) on 2026-09-11, and comments close 2026-11-10 at 11:59 p.m. ET. Until a final rule is published and takes effect, the current 60-day period applies. The proposal covers H-1B, H-1B1, L-1, O-1, TN and E workers and their dependents, not F-1 students.
Does severance change when my grace period starts?
It depends on how the severance works. USCIS guidance, now archived, said the 60 days start the day after employment ends, which is typically the last day for which a salary or wage is paid. Staying on payroll as an employee through a notice period is different from a lump sum paid after you separate, so have an immigration attorney read your separation agreement and plan from the earliest possible date.
Which companies announced layoffs in October 2026?
Announced October 2026 cuts include Netflix (about 1,000 roles, roughly 6%), eBay (about 9%), HubSpot (about 660, roughly 7%), Electronic Arts (about 400), Dropbox (about 9%, roughly 200) and Amazon (fewer than 1,000 Stores roles plus about 250 in Devices). Microsoft's offer to about 60,000 employees is a voluntary buyout, not a layoff. Challenger's October report is due 2026-11-05.