Live status · updated September 13, 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. 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. The practical posture most immigration practitioners are describing right now is: proceed under current rules, but 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.
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
Full text	Read the proposed rule on federalregister.gov

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

Anyone can submit a public comment until November 10, 2026, through the Federal Register listing (comment link) or docket USCIS-2026-0364 on regulations.gov.

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. If DHS finalizes it, the final rule would set when it takes effect.
Whether it survives the comment process and any litigation that would very likely follow.

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 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.) This is the current stage — the text is now public.
Now through Nov 10, 2026 — public comment period. (Open now.) Anyone may comment, including affected workers — comments are submitted through the Federal Register listing or at regulations.gov (docket USCIS-2026-0364), and the agency must respond to substantive comments.
Final rule, after DHS reviews comments. There is no final effective date yet — if DHS finalizes it, the final rule would set when it takes effect.
Probable litigation. Recent high-profile immigration rules have been challenged immediately, and courts have repeatedly paused or vacated them (see the $100K fee litigation, where a fee took effect, was vacated, was briefly revived, and is currently blocked).

The realistic read: even on a fast track, a final rule is not close, and this proposal may never be finalized at all.

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 publicly reported information about a proposed DHS rule as of September 13, 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 with uscis.gov/newsroom/alerts and consult an immigration attorney before making any decision that depends on it.