If you’re on an H-1B, L-1, O-1, or another employment-based visa, you may have heard about the USCIS grace period that gives certain workers up to 60 days after their employment ends to find another option.
Now, The Department of Homeland Security (DHS) has proposed removing that protection.
The H-1B grace period and similar protections for other work visa holders could change under this proposal 2026 rule. But there’s an important point to keep in mind: the 60-day grace period has not ended. The current rule remains in effect while DHS considers the proposal.
Here’s what the proposal says, who could be affected, and what you can do now to prepare.
What is the 60-day grace period for visa holders?
Under the current rule, certain employment-based nonimmigrant workers who lose or stop their qualifying employment can receive up to 60 consecutive days without being considered out of status solely because that employment ended.
The period can be shorter if the worker’s authorized stay ends sooner. It can also be shortened by DHS as a matter of discretion. The benefit is available once during each authorized validity period.
The rule covers E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers, as well as their dependents.
The grace period was created to give these workers some flexibility when employment ends unexpectedly. A worker may use that time to look for another qualifying job, have a new employer file a petition, apply for a change of status, pursue adjustment of status if eligible, or make plans to leave the United States.
There is an important limitation: the grace period does not give the worker permission to keep working. Unless separately authorized, employment must stop when the qualifying job ends.
What is USCIS proposing to change?
DHS is proposing to remove the regulation that provides the up-to-60-day grace period for these classifications.
The agency says the proposal would restore what it describes as its previous, long-standing approach: tying a worker’s immigration status more directly to the employment or activity that formed the basis for that status.
DHS argues that the current grace period can separate a worker’s lawful status from the employment that supports the status. The agency also says eliminating it would reduce administrative burdens and make the rules more consistent with the underlying employment-based classifications.
The proposal would remove 8 CFR 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.
But this is critical: DHS has proposed the change. It has not finalized it.
The current 60-day protection therefore remains available under the existing regulation.
Which visa holders would be affected?
The proposal is broader than H-1B.
If finalized as written, it would affect workers in:
- H-1B and H-1B1
- L-1
- O-1
- E-1
- E-2
- E-3
- TN
Their dependents would also be affected because the current regulation extends the protection to dependents of covered workers.
So while H-1B workers may receive most of the attention, this proposal could matter to a much wider group of people whose ability to remain in the United States depends on employment.
What happens if you lose your job without the 60-day grace period?
This is where the proposed change could have its biggest practical effect.
Under the current system, losing a job does not automatically mean a qualifying worker has to leave the United States that same day. The grace period can provide time to find another employer or pursue another immigration option.
If the proposed rule takes effect, that cushion would disappear for the affected classifications.
DHS states that a worker who stops maintaining the employment or activity supporting their status could be required to leave the United States unless they have another legal basis to remain. The proposal specifically notes that some affected workers may need to depart and later seek admission again after finding new employment.
That could make timing much more important.
A worker who receives a layoff notice may need to move quickly to:
- Find a new qualifying employer.
- Determine whether a new petition can be filed.
- Consider whether a change or extension of status is available.
- Explore adjustment of status or another immigration option if eligible.
- Prepare for departure if no lawful option is available.
Spouses and children could also be affected because the proposal covers dependents of the listed classifications.
For families who have built their lives in the United States, the loss of that 60-day window could make an unexpected job loss much harder to manage.
What should visa holders do if the rule takes effect?
There is no need to panic while the proposal is still being considered. But it may be a good time to prepare.
If your immigration status depends on your employment, consider taking a few practical steps now.
Keep your immigration records organized. Know when your current status expires and keep copies of your approval notices, I-94 and other important documents.
Understand your options before you need them. If you lose your job, you may have more than one possible immigration path. Those options can depend on your visa category, employment history, family situation and other factors.
Stay in communication with your employer’s immigration team. If your employer knows about a possible layoff, restructuring or change in employment, early communication can give everyone more time to assess the immigration consequences.
Don’t wait until the final days to get advice. If the rule is finalized, the timeline for finding another employer or pursuing another status could become much tighter.
Most importantly, don’t assume that losing a job automatically means there are no options. The right next step depends on the facts of your case.
Will USCIS actually end the 60-day grace period?
That hasn’t been decided yet.
The proposal was published in the Federal Register on September 11, 2026, beginning the formal public-comment process. Comments are due by November 10, 2026.
After the comment period, DHS could finalize the proposal, revise it, withdraw it, or take another approach.
The final version could also differ from the proposal currently on the table.
If DHS does finalize the rule, there would then be an effective date. The treatment of workers who lose employment before that date could therefore be different from the treatment of workers whose employment ends after the new rule becomes effective.
There is also the possibility of legal challenges after a final rule is issued.
For now, the most important fact is simple: the 60-day grace period is still available under the current regulation.
What this means for you right now
If you’re currently working in H-1B, L-1, O-1, E-1, E-2, E-3, H-1B1 or TN status, you don’t need to act as though the grace period has already disappeared.
But you also shouldn’t ignore the proposal.
The current rule gives qualifying workers a valuable window after employment ends. If that protection is removed, finding another job or securing a different immigration status could become much more time-sensitive.
For anyone whose status depends on a job, having a backup plan is increasingly important.
The Law Offices of Anne Z. Sedki
Immigration rules can change before you have time to adjust your plans. That’s especially true when your ability to remain in the United States is tied directly to your employment.
At The Law Offices of Anne Z. Sedki, we help individuals and families understand their immigration options, including employment-based visas, changes of status, green cards, TPS and other immigration matters.
With offices in New York and New Jersey, our firm serves clients throughout the United States and worldwide.
If you’re concerned about a potential job loss, a change in your visa status, or how this proposed rule could affect your plans, getting advice before a problem arises can give you more options. Book a personalized consultation today.
Frequently Asked Questions (FAQ)
1. Is the 60-day grace period ending?
Not yet. DHS has proposed eliminating it, but the proposal is not a final rule. The current regulation providing up to 60 days remains in effect.
2. Can H-1B workers still use the 60-day grace period?
Yes. Under the current rule, eligible H-1B workers can receive up to 60 consecutive days, or until the end of their authorized validity period if that comes first. The period is discretionary and available once during each authorized validity period.
3. What happens if I lose my H-1B job?
Under the current rule, you may have up to 60 days to find another qualifying employer or pursue another eligible immigration option, subject to the rule’s conditions. If the proposal becomes final, that protection could be removed.
4. How long can I stay in the U.S. after losing my job?
Under the current regulation, eligible workers can generally receive up to 60 days, or until their authorized validity period ends, whichever is shorter. The proposed rule would remove this specific protection.
5. Does the proposed rule affect H-1B dependents?
Yes. The proposal would remove the grace-period protection for dependents of the covered employment-based classifications as well.
6. Does the proposal affect L-1, O-1, TN and E visas?
Yes. The proposal covers E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN classifications, along with their dependents.
7. When would the new rule take effect?
It has not been finalized, so there is currently no effective date for eliminating the grace period. DHS must first complete the rulemaking process, including the public-comment period. Comments on the current proposal are due November 10, 2026.
