DHS Proposes Eliminating the 60-Day H-1B Grace Period: What It Means Now

DHS proposed cutting the H-1B 60-day grace period on September 10-11, 2026, but the 60 days is still fully in effect right now.

Part of our guide to the H-1B 60-day grace period.

If you are reading this because you just lost your H-1B job, or you saw a headline about DHS trying to kill the grace period, here is the answer you need first: as of today, September 12, 2026, the 60-day grace period is still fully in effect. DHS published a proposed rule on September 10-11, 2026 that would eliminate it, but a proposal is not a rule. Nothing has changed yet for anyone currently in H-1B, L-1, O-1, TN, or E status.

That said, the proposal is real, it is moving through the federal rulemaking process right now, and it is worth understanding exactly what it does, what stage it is at, and what could change if it eventually becomes final. This post walks through the current rule, the proposed change, the timeline for the rulemaking process, and what to do if you are facing a layoff while this is unresolved.

What is true right now, dated

Before anything else, here is the status as of September 12, 2026, broken into the four states that matter for any pending immigration rule:

Nothing in that table is settled except the top row. Everything below it is a proposal working through a process that could take months, could be modified before finalization, or could stall entirely. Treat any claim that the grace period is "gone" or "ending soon" with skepticism unless it cites an actual final rule and effective date.

The rule you actually have today

The 60-day grace period for nonimmigrant workers was created to give people who lose their job unexpectedly some breathing room instead of falling out of status the moment employment ends. Today, the rule works like this:

• If you are on H-1B, L-1, O-1, TN, or E status and your employment ends before the end of your authorized validity period, you get a grace period of up to 60 days, or until your authorized validity period ends, whichever is shorter, as USCIS explains for nonimmigrant workers following termination of employment.
• During that window you can look for a new sponsoring employer, prepare a change of status, or arrange to depart the country, all without accruing unlawful presence.
• The grace period is available once per authorized validity period, not once per calendar year, and it does not extend your underlying authorized stay past its original end date.

That is the rule in effect on the date this post was published, and it is the rule you should plan around unless and until DHS finalizes something different. For a full walkthrough of how this window works when you are actually facing a layoff, see the complete 60-day grace period guide, and for the different ways employment can end that trigger the clock, see every involuntary trigger for the grace period.

What DHS actually proposed

On September 10-11, 2026, DHS published a proposed rule under docket USCIS-2026-0364 that would eliminate the 60-day grace period for nonimmigrant workers, including H-1B, L-1, O-1, TN, and E categories. A few things to be precise about:

1. It is a Notice of Proposed Rulemaking (NPRM), the standard first step in federal rulemaking, not a final rule and not an interim final rule that takes effect immediately.
2. The public comment period is open now and closes November 10, 2026. Workers, employers, attorneys, and advocacy groups can all submit comments through the Federal Register docket during this window.
3. No effective date exists yet. Effective dates only attach to final rules. Until DHS reviews the comments and issues a final rule (if it does at all), there is nothing scheduled to happen on any particular calendar date.
4. DHS has not stated a target date for a final rule in the materials published so far, and predicting how long that review will take, or how the rule might change in response to comments, is not something this post will speculate on.

If DHS does eventually finalize a version of this rule, the practical effect would be that workers who lose a job in one of these categories would lose status immediately, or on a much shorter timeline, rather than getting the current 60-day cushion. But that is a description of what the proposal would do if finalized, not a description of current law.

Old rule vs. proposed rule vs. what to do differently

The mistake to avoid is jumping to the right-hand column as if it already governs your situation. It doesn't, and won't unless DHS finishes the rulemaking process.

Don't confuse this with the F-1 student grace period change

This is one of the most common points of confusion right now, and it is worth being explicit: there are two different grace periods, changed by two different rules, on two different timelines.

• The F-1 post-completion grace period is being cut from 60 days to 30 days under a separate DHS Duration-of-Status final rule. That rule was published earlier and is scheduled to take effect September 15, 2026, but it is under active litigation, so even that scheduled date is not guaranteed to hold. This is the rule covered in the F-1 grace period timeline guide.
• The H-1B (and L-1/O-1/TN/E) worker grace period covered in this post is a completely separate 60-day provision that applies after you lose a job in one of those worker categories. DHS has only proposed eliminating it, on September 10-11, 2026, with comments due November 10, 2026. It has no effective date.

If you are an F-1 student on OPT, the rule that matters to you is the 30-day one, not this one. If you are an H-1B (or L-1/O-1/TN/E) worker who lost a job, the rule that matters to you is the 60-day one described above, and it has not changed. Naming which grace period you mean, and which status it applies to, matters every time you discuss this with your employer, your attorney, or your DSO.

If you are facing a layoff right now

The proposal does not change what you should do today if your H-1B job just ended. The process still runs on the current 60-day rule:

1. Confirm your last day of authorized employment and your I-797 validity end date. Your grace period is capped at whichever is shorter: 60 days, or the time remaining on your current approval.
2. Notify your employer's HR and immigration counsel immediately so any required notifications to USCIS about the end of employment happen correctly.
3. Start evaluating your options in parallel, not sequentially: a new H-1B sponsor via transfer, a change of status to another category, or planning your departure if neither materializes in time.
4. If you have a pending or approved I-140, note that certain AC21 portability protections may still apply depending on how long the I-140 has been approved and your specific facts; this is genuinely case-specific and worth a dedicated read at the AC21 grace period strategy guide for pending I-140 cases.
5. Talk to a licensed immigration attorney before day 30 of the grace period, not day 55. The mechanics of a transfer, change of status, or departure all take real processing time, and running the clock down before acting narrows your options rather than preserving them.
6. Do not treat a job search service, a DSO, or a blog post as a substitute for attorney advice on your specific case. A DSO handles F-1/OPT/SEVIS matters; an immigration attorney handles H-1B status and options after a layoff. They are not interchangeable, and this situation calls for the latter.

Common mistakes

• Saying "the grace period is gone" based on the proposal. It isn't. Distinguish a proposed rule from a final rule every time you talk about this, including in your own planning.
• Merging the H-1B worker grace period with the F-1 student grace period. They are governed by different rules, different dockets, and different timelines. Confusing them can lead to acting on the wrong deadline.
• Assuming OPT's 90-day unemployment limit is the same as this 60-day grace period. They are unrelated concepts that apply to different visa categories and different situations; do not substitute one number for the other.
• Waiting until close to day 60 to start a transfer or change-of-status filing. Filings take processing time DHS and USCIS do not pause for you; starting early preserves more paths.
• Submitting a public comment and assuming it changes your personal timeline. Comments influence the rulemaking process broadly; they do not create any individual exception or protection before a final rule exists.
• Skipping attorney review because "it's just a proposal so nothing to do yet." The proposal doesn't require action, but your actual layoff does, on the rule that exists today.

Frequently asked questions

Has the H-1B 60-day grace period actually been eliminated

No. As of September 12, 2026, DHS has only published a proposed rule under docket USCIS-2026-0364 that would eliminate the grace period for H-1B and other nonimmigrant workers. It is not final, has no effective date, and the current 60-day grace period remains fully in effect. Nothing changes for anyone until DHS publishes and finalizes a rule, which has not happened.

When do public comments close on the DHS grace period proposal

Comments on the proposal are due November 10, 2026. Anyone, including affected workers, employers, and attorneys, can submit a comment through the Federal Register docket. DHS must review comments before it can issue a final rule, and the timeline from there to any effective date is not yet known.

Is this the same as the F-1 student grace period change

No, these are two separate rules and it is a common point of confusion. The F-1 post-completion grace period is being cut from 60 to 30 days under a different DHS Duration-of-Status rule, scheduled to take effect September 15, 2026 and currently under active litigation. The H-1B worker grace period discussed here covers H-1B, L-1, O-1, TN, and E workers after a job loss, and DHS has only proposed eliminating it, with no effective date set.

What happens today if I lose my H-1B job

As of today, September 12, 2026, you still have up to 60 days, or until your authorized validity period ends, whichever is shorter, to find a new sponsoring employer, change status, or prepare to depart. This applies regardless of the pending proposal, since the proposal has not been finalized or given an effective date.

Should I make decisions now based on the proposed elimination

Not based on the proposal alone. Base your decisions on the rule that is actually in effect today, which still gives you the 60-day window. Talk to a licensed immigration attorney about your specific timeline and options, and watch the Federal Register docket or your attorney's guidance for any update on whether this proposal advances toward a final rule.

Where to track this

DHS proposed rules move on their own schedule, and this one could sit in comment review for months, get modified before finalization, or in theory not advance at all. Do not rely on secondhand summaries, including this one, for anything time-sensitive. Check the Federal Register docket USCIS-2026-0364 directly, watch official USCIS.gov guidance, and confirm your own timeline with a licensed immigration attorney before making any decision tied to a job loss.

If you are navigating a layoff right now and want help thinking through your job search timeline while your status question is being sorted out with an attorney, F1Jobs can help with the job search side while you get the right legal guidance on the status side.