Live status · updated November 1, 2026

Is the H-1B 60-day grace period being eliminated?

Status: Proposed rule published Sept 11, 2026 — not in effect.

The 60-day grace period is still in effect right now. On September 11, 2026, the Department of Homeland Security published a proposed rule — “Eliminating the Discretionary 60-Day Grace Period” (91 FR 57807) — in the Federal Register. It is a proposal, not law: public comments are open through November 10, 2026, and nothing changes unless and until DHS issues a final rule. As of November 1, 2026 we found no final rule, no correction, and no extension of the comment period. If you were laid off today, the existing 60-day grace period under 8 CFR 214.1(l)(2) is what applies to you.

⚠ Why this still matters even though nothing has changed

A proposal signals intent. The grace period is what makes a layoff survivable rather than immediately status-ending, so anyone weighing a job change, a resignation, or a filing timeline over the next several months has a reason to pay attention to where this rule goes — without acting as though it has already happened. Under current rules nothing has changed, so proceed under them; coordinate timing with counsel and your prospective employer rather than leaving anything to chance.

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What DHS actually published

Date published	September 11, 2026
Title	“Eliminating the Discretionary 60-Day Grace Period” (Notice of Proposed Rulemaking)
Citation	91 FR 57807
Docket / RIN	DHS Docket No. USCIS-2026-0364 · RIN 1615-AD22
Agency	Department of Homeland Security (DHS)
What it proposes	Removing 8 CFR 214.1(l)(2), which today provides a discretionary grace period of up to 60 days after employment ends.
What changes in the CFR	Removes 8 CFR 214.1(l)(2) and renumbers (l)(3) as (l)(2). A cross-reference to the grace period in 8 CFR 204.5(p)(1)(i) is changed to match.
DHS’s stated reason	DHS says the change would restore a direct relationship between nonimmigrant status and the specific employment that was its basis, and reduce administrative burden.
Comment period	Open now — closes November 10, 2026 (the docket accepts comments before midnight eastern time at the end of that day)
Status on Nov 1, 2026	Comment period open. We found no correction, extension, or final rule. OIRA review concluded Aug 27, 2026.
Full text	Read the proposed rule on federalregister.gov

What DHS says it would do

The proposal does not shorten the grace period; it removes it. DHS describes the effect as “requiring an alien to depart from the United States immediately upon his or her failure to maintain the employment or activity that was the basis for the nonimmigrant classification or status (unless otherwise authorized to lawfully remain in the United States).” That is the proposal, not today’s rule.

Why, in DHS’s words: it says the grace period “is inconsistent with the purpose for which Congress created the relevant nonimmigrant classifications” and that it “increases administrative burden on USCIS.” DHS also writes that it “acknowledges that it is changing position.” It acknowledges the change “may result in increased departures following cessation of employment.”

DHS’s own numbers, with its caveats: using fiscal 2021–2025 data on people whose employment ended or who changed employers, it estimates a five-year average of 65,752 primary beneficiaries a year, 99 percent of them in H-1B. DHS says its data is a proxy and that it “cannot estimate” how many people would depart. It estimates about 3,795 a year had a new employer’s petition filed within the 60 days.

Who it would cover

As proposed, this would apply to people in these classifications and their dependents:

E-1 and E-2 treaty traders/investors
E-3 (Australian specialty occupation)
H-1B and H-1B1
L-1 intracompany transferees
O-1 extraordinary ability
TN (USMCA professionals)
Dependents in each of the above categories

How to comment (closes November 10, 2026)

Anyone can comment. The Federal Register says written comments “must be submitted on or before November 10, 2026” and that the electronic Federal Docket Management System “will accept comments before midnight eastern time at the end of that day.”

Comment on regulations.gov only: Open the comment form · View the docket.
Include the agency name (U.S. Citizenship and Immigration Services) and the docket number, USCIS-2026-0364.
Emails, letters, and hand-delivered or couriered comments do not count, and USCIS says it is not accepting mailed comments at this time.
DHS says the most useful comments “reference a specific portion of the proposed rule, explain the reason for any recommended change, and include data, information, or authority that support such recommended change.” Comments must be in English or come with a translation.
DHS specifically invites comments on “any potential reliance interests” — for example, plans you made on the assumption that the 60 days exist.
Everything you submit is posted publicly without change, including any personal information you include.
If you cannot use regulations.gov, USCIS says to call (240) 721-3000 for alternate instructions.
More than 26,000 comments had been posted to the docket as of November 1, 2026.

What we genuinely do not know yet

This is the honest part, and most coverage skips it. The proposal has no final effective date, and nobody — including any attorney writing about it — can currently tell you:

Whether the proposal will be finalized as written, changed in response to comments, or withdrawn.
What the effective date would be if finalized, or whether it would reach people already inside a grace period when it takes effect. The proposal itself contains no effective date and no transition provision; any of that would come from a final rule.

Anyone stating those details with confidence today is guessing. We will update this page when there is more to report.

Timeline: what has happened, and what happens next

Aug 6, 2026 — sent to OIRA for review. (Done.) OIRA’s record shows the review concluded Aug 27, 2026 with the action “Consistent with Change.” OIRA review is the internal step before a proposed rule is published for public comment.
Sept 11, 2026 — proposed rule published (91 FR 57807, Docket No. USCIS-2026-0364, RIN 1615-AD22). (Done.)
Now through Nov 10, 2026 — public comment period. (Open now.) Anyone may comment, including affected workers — comments go through regulations.gov (docket USCIS-2026-0364).
Final rule, after DHS reviews comments. As of November 1, 2026 we found none, and there is no final effective date — if DHS finalizes it, the final rule would set when it takes effect.

As of November 1, 2026 the comment period is still open and we found no final rule. We will update this page when that changes.

Where the 60-day grace period came from

The grace period is not a statute passed by Congress — it is a regulation, which is exactly why an agency can propose removing it through rulemaking. It was created by the 2016 DHS rule commonly called the “retention of EB-1/EB-2/EB-3 immigrant workers” rule and lives at 8 CFR 214.1(l)(2). The word discretionaryin the proposal’s title reflects how the regulation is written: the grace period is described as available at USCIS’s discretion, up to 60 consecutive days or until the existing validity period ends, whichever is shorter.

If you were laid off this week, here is what actually applies

Current rules. Nothing on this page changes your situation today:

Your clock starts at your last paid day, not the announcement date, and it is 60 days or the end of your I-94 validity, whichever comes first. Run the free grace calculator with your real date.
A transfer still starts on receipt.A new employer’s I-129 being receivedby USCIS inside your window starts AC21 portability — you can begin work on receipt, not approval.
Cap-exempt employers file any day of the year. Universities, research nonprofits and affiliated hospitals are outside the lottery — browse the database.
Do not rush an irreversible decision because of a headline. Departing the US, resigning, or filing a weak change-of-status petition in response to a proposal that is not law is the most expensive mistake available right now.

Related tools and trackers

The 60-day grace period, explained — how the current rule works, in plain English.
60-day grace calculator — your real deadline from your real last-paid date.
$100K H-1B fee — current status — the other volatile rule, tracked the same way.
H-4 EAD gap plan — if your spouse’s work authorization is in the chain.
Laid off on H-1B: what to do — the full first-72-hours playbook.

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For $9, get a personalized 60-day PDF action plan built on your exact last-paid date and situation — under the rules as they actually are today. Or skip the PDF and get a free introduction to a vetted immigration attorney licensed in your state.

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This page summarizes the Federal Register text of a proposed DHS rule and its public docket as of November 1, 2026. A proposed rule is not law and confers no rights or obligations, and it has no final effective date — if DHS finalizes it, the final rule would set when it takes effect. This page is information, not legal advice, and we are not a law firm. Confirm current status on the Federal Register page or the regulations.gov docket (USCIS-2026-0364) and consult an immigration attorney before making any decision that depends on it.