Explainers / Policy
The H-1B 60-day grace period: in force today, proposed to end
If your job ends, today you usually get up to 60 days to find a new sponsor, change status or leave. DHS proposed on September 11, 2026 to remove that grace period. It is not final; comments close November 10, 2026.
Where it stands today
- The grace period still applies. Under 8 CFR 214.1(l)(2), when your job ends you get up to 60 consecutive days, or until your I-94 ends if that is sooner, to find a new employer who files for you, change to another status, or leave. You get it once per authorized stay.
- On September 11, 2026, DHS proposed removing it (Federal Register document 2026-18631). A proposal is not a rule. Nothing changes unless and until DHS publishes a final rule with an effective date.
- Comments are open until November 10, 2026. More than 26,000 had been filed by late October. See Have your say for the live count and how to comment.
What the proposal would change
If finalized as proposed, H-1B, L-1, O-1, E and TN workers would be out of status as soon as their qualifying job ends, with no 60-day window. DHS says the grace period makes officers check whether it still applied when they review petitions filed after a job ended.
The proposal does not set an effective date. A final rule usually follows months after comments close, and it can change from the proposal or be challenged in court. We track it on the policy timeline.
If you lose your job now
The current rules apply. Use the 60-day layoff clock and the layoff plan:
- Work out your last day of employment and your I-94 end date; the earlier limit wins.
- A new employer can file an H-1B transfer within the grace period, and you can start once it is filed (portability).
- Other routes: a change of status (for example to H-4 or F-1), or leaving the US in time.
How to comment
Comments go to docket USCIS-2026-0364 on Regulations.gov. Specific facts carry the most weight: how long your past job searches took, what a same-day loss of status would have meant for your family, or, for employers, how long a transfer actually takes. Don’t include case numbers or other personal identifiers; comments are public.
General information, not legal advice. Check with an immigration attorney about your own dates.
The good
- The 60-day grace period still applies today
- A proposed rule cannot take effect until DHS publishes a final rule
- Anyone can comment until November 10, 2026
The hard
- If finalized, losing a job would mean losing status the same day
- It would cover H-1B, L-1, O-1, E and TN workers
- Layoffs would leave almost no time to arrange a transfer
Recent from immigration lawyers
From independent law firms, newest first. Not reviewed by h1b-life, not legal advice and not an endorsement.
- DHS Proposes to End Deference to Prior Approvals on H-1B and Other I-129 ExtensionsReddy Neumann Brown · Nov 10, 2026
- Equity-Rich, Salary-Light: The H-1B Wage and SOC Code Audit for Senior Technology ExecutivesBerardi Immigration Law · Nov 9, 2026
- How to Oppose DHS’s Proposal to Eliminate the 60-Day Grace Period (Free Comment Template Included)Reddy Neumann Brown · Nov 4, 2026
- I have a valid H1B visa stamp showing my former employer’s name, and my new employer’s H1B petition has been approved. Do I need a new visa stamp before traveling?Murthy Law Firm · Nov 3, 2026
Sources
- Federal Register: Eliminating the Discretionary 60-Day Grace Period (Sept 11, 2026)
- Regulations.gov: comment on docket USCIS-2026-0364
- eCFR: 8 CFR 214.1(l)(2), the current grace period
- Hall Render: DHS proposes new rule eliminating H-1B grace period (Oct 15, 2026)
Rules change often. If something here looks out of date, it probably is; check the official source and talk to an immigration attorney about your own case.