H-1B 60-Day Grace Period: DHS Plans to End It, Comments by 10 Nov

The US Department of Homeland Security (DHS) has proposed removing the 60-day grace period that lets H-1B and other employment-based visa holders stay in the US after their job ends. The proposed rule was published in the Federal Register on 11 September 2026, and public comments are open until 10 November 2026. It is a proposal only, and the current rule still applies today.

Key facts

• Proposed rule published: 11 September 2026 (Federal Register document 2026-18631, docket USCIS-2026-0364).
• Comment deadline: 10 November 2026, through regulations.gov only.
• Visa types covered: E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN, plus their dependents.
• Current rule (since 2017): up to 60 days, or until the end of the authorised stay if shorter, once per validity period.
• No effective date has been set. A final rule would have to be published first.

How the 60-day grace period works now

Since 2017, a regulation at 8 CFR 214.1(l)(2) has given certain workers a grace period after their employment ends. They can stay for up to 60 days, or “until the end of the authorized validity period, whichever is shorter”. A worker can only get one grace period in each authorised validity period.

During those 60 days, people can look for a new employer to file a petition, apply to change to a non-work status such as F-1 student, apply for a green card if eligible, or prepare to leave.

DHS now proposes to remove this grace period completely. Under the proposal, workers would fail to maintain their status the day after their employment ends, unless they have some other permission to stay. DHS gives three reasons. It says the grace period separates a worker’s status from the job that status is based on, that it adds work for USCIS, and that removing it would better fit the rules for employment-based categories.

DHS says over 1.9 million petitions or applications from October 2017 to May 2026 may have involved a grace period assessment.

Who is affected

• H-1B workers, including graduates who moved from F-1 OPT to H-1B.
• L-1, O-1, E-1, E-2, E-3, H-1B1 and TN workers.
• Their dependents, such as H-4 and L-2 spouses and children, whose status depends on the main worker.

The proposal deals only with the 60-day rule. It does not mention the separate 10-day grace periods at the start and end of a validity period, or F-1 student grace periods.

What it means for Nepali and Indian workers

If this rule is finalised as proposed, losing a job would no longer give an H-1B worker up to two months to find a new sponsor. Under the proposal, status would end the day after employment ends unless the worker is otherwise allowed to stay. What counts as other permission to stay in each situation is a question for a lawyer, not a news article.

For students now on OPT, this matters for the future. Many plan an OPT to H-1B path, which already faces the separate proposed $103,265 H-1B fee. A layoff after moving to H-1B would leave far less room to recover under the proposed rule. If you are still on F-1, our guide on how to maintain F-1 status covers the rules that apply to you now.

What to do now

1. Know that nothing has changed yet. The grace period remains in force unless and until DHS publishes a final rule.
2. If you want to comment, read the proposal and submit through regulations.gov under docket USCIS-2026-0364 before 10 November 2026. DHS says it accepts comments only through that site.
3. Keep a current copy of your I-797 approval notice, I-94 and recent pay slips, so you can act quickly if your job ends.
4. If you hear about layoffs at your employer, speak to an immigration lawyer early about a transfer or change of status.
5. Watch the Federal Register for a final rule, which would set an effective date.

What we don’t know yet

• Whether DHS will finalise the rule, change it, or drop it after comments.
• When a final rule would take effect.
• How a final rule would treat people who are already within a 60-day grace period on the day it takes effect. The proposal does not say.

Frequently asked questions

Has the H-1B 60-day grace period been removed?

No. As of 7 October 2026 it is only a proposal. The current rule still applies.

When is the deadline to comment on the proposal?

10 November 2026. Comments must be sent through regulations.gov under docket USCIS-2026-0364.

Does this affect F-1 OPT students?

The proposal covers E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers and their dependents. It does not address F-1 or OPT grace periods.

Sources

• Eliminating the Discretionary 60-Day Grace Period – Federal Register

Last checked: 7 October 2026. This is general information, not immigration advice.