DHS Proposes Ending 60-Day Grace Period for H-1B, L-1 Workers
You lost your H-1B job, and you were counting on those 60 days to find a new sponsor. DHS just proposed eliminating that grace period entirely — and the clock is already running on the public's chance to push back. If finalized, the rule would strip a key protection from hundreds of thousands of work visa holders across the US.
You lost your H-1B job last month. You assumed you had 60 days to find a new employer, transfer your visa, or figure out your next step. Under a new DHS proposal published September 11, 2026, that window could disappear entirely — leaving you with no buffer at all.
The Department of Homeland Security published a proposed rule in the Federal Register on September 11, 2026, that would eliminate the discretionary 60-day grace period currently available to workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN nonimmigrant status — and their dependents. Right now, federal regulations at 8 CFR 214.1(l)(2) allow these workers up to 60 days to maintain their nonimmigrant status after their employment ends, even if it ends before their petition's validity period expires. DHS created this grace period in a 2016 final rule specifically so that high-skilled workers could pursue new employment or make other arrangements without immediately falling out of status. The new proposal would take that protection away.
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What losing the grace period would mean for you
Without the 60-day buffer, a worker whose job ends — whether through a layoff, a firing, or a company shutdown — could begin accruing unlawful presence the very next day. Unlawful presence carries serious consequences: more than 180 days triggers a 3-year bar from re-entering the US, and more than one year triggers a 10-year bar. Beyond that, a finding that you violated your nonimmigrant status can count against you in future immigration applications, including a green card application or adjustment of status under INA section 245. The separate 10-day grace period that applies after a visa's validity period ends — codified at 8 CFR 214.1(l)(1) — would not be affected by this proposal, but it offers far less time to act.
DHS will accept public comments for 60 days after the rule's September 11, 2026 publication date. That means the public comment period closes on or around November 10, 2026. This is a proposed rule, not a final one — it does not take effect yet. But if finalized, it would affect hundreds of thousands of nonimmigrant workers and their families currently in the US.
What to do
- If you are currently in H-1B, L-1, E-1, E-2, E-3, O-1, or TN status and your job situation is uncertain, talk to an immigration attorney now — before any employment gap begins.
- Submit a public comment opposing or supporting the rule through the Federal Register's official comment portal before November 10, 2026. Your comment becomes part of the official record DHS must review.
- If you have already lost your job, document the exact date your employment ended and consult an attorney immediately to assess your current status and options, including H-1B portability under INA section 214(n) if a new employer has filed a petition on your behalf.
- Ask your employer's HR or legal team whether a new I-129 (Petition for a Nonimmigrant Worker) has been or can be filed quickly on your behalf if you are changing jobs.
What to do, step by step — see our guide “Work Permits (EAD)”.
Fishkin Law Firm, New York
If you are in H-1B or L-1 status and your job ends today, you still have the existing 60-day grace period under current regulations — this proposal is not yet law. However, attorneys strongly recommend filing a change of status, a new H-1B petition through a new employer, or departing the US well before any grace period expires, because accruing even a single day of unlawful presence can complicate future applications. Use the comment period to have your attorney submit a formal comment on your behalf — agency records of public opposition can influence whether and how a rule is finalized. Consult a licensed immigration attorney immediately if your employment situation changes.
Frequently Asked Questions
Is the 60-day grace period already gone?
No. As of September 11, 2026, this is only a proposed rule. The current 60-day grace period under 8 CFR 214.1(l)(2) is still in effect. The rule must go through a public comment period and a final rulemaking process before it can take effect.
Which visa categories would be affected if this rule is finalized?
The proposal targets workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN nonimmigrant status, as well as their dependent spouses and children.
What happens if I lose my job and there is no grace period?
Without the grace period, you could begin accruing unlawful presence immediately after your employment ends. More than 180 days of unlawful presence triggers a 3-year bar from re-entering the US; more than one year triggers a 10-year bar. It can also hurt future green card applications.
How do I submit a public comment on this proposed rule?
You can submit a comment through the official Federal Register website at federalregister.gov. Search for the rule titled 'Eliminating the Discretionary 60-day Grace Period.' The comment period runs for 60 days from September 11, 2026, closing around November 10, 2026. An immigration attorney can help you write a substantive comment.