Is the H-1B Grace Period Removal Approved? What Happens After the November 10 Comment Deadline
DHS has not approved ending the H-1B 60-day grace period. Here is what happens after comments close on November 10, and how to plan for a layoff in the meantime.
Part of our guide to the H-1B 60-day grace period.
No. As of November 1, 2026, the H-1B grace period removal is not approved. DHS has only proposed it (RIN 1615-AD22, published 2026-09-11 at 91 FR 57807), and the current up-to-60-day grace period in 8 CFR 214.1(l)(2) is in effect for H-1B, H-1B1, L-1, O-1, E-1, E-2, E-3 and TN workers and their dependents. Public comments close on 2026-11-10 at 11:59 p.m. Eastern. There is no final rule, no effective date, and no 30-day or 180-day replacement.
Status line, as of 2026-11-01
- In effect: the up-to-60-day worker grace period after a job ends (8 CFR 214.1(l)(2)).
- Proposed: removing it, under DHS docket USCIS-2026-0364. About 27,000 comments had been posted as of 2026-11-01, and DHS has not extended the deadline.
- Scheduled: the comment period closes on 2026-11-10 (check the docket / Federal Register for the outcome after 2026-11-10).
- Not covered: the F-1 60-day grace period, which still applies because a federal court has blocked the Duration of Status rule since 2026-09-14.
If a layoff is on your mind, plan around the 60-day rule. For the background on what DHS proposed and why, read our explainer on the DHS proposal to eliminate the 60-day grace period.
Is the H-1B grace period removal approved?
No. As of November 1, 2026, removing the H-1B 60-day grace period is only a proposal. "Approved" would mean DHS publishing a final rule in the Federal Register with an effective date, and that has not happened. Until a final rule takes effect, the current 60-day grace period applies to H-1B, L-1, O-1, TN, E and H-1B1 workers.
The Federal Register page for the proposal lists it as a "Proposed Rule," and the document's effective-date field is empty. Its DATES section says comments "must be submitted on or before November 10, 2026" and that the federal docket "will accept comments before midnight eastern time at the end of that day." If another site shows a later date, the DATES section controls.
Why some headlines said the plan was "cleared"
Headlines in outlets including Gulf News and IANS said the plan "clears key review." The review they describe is the White House Office of Information and Regulatory Affairs (OIRA) looking at the proposed rule, a step that comes before publication. The full text of the proposal confirms it: OMB designated it a "significant regulatory action" under Executive Order 12866, and "the rule has been reviewed by OMB." Clearing that review let DHS publish the proposal for comment on 2026-09-11. It did not turn the proposal into law.
The grace period you have today, in the regulation's own words
The current rule, 8 CFR 214.1(l)(2), says a worker in one of the listed classifications "shall not be considered to have failed to maintain nonimmigrant status solely on the basis of a cessation of the employment on which the alien's classification was based, for up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter, once during each authorized validity period. DHS may eliminate or shorten this 60-day period as a matter of discretion."
What that means in practice:
- When it starts. USCIS has said the period "starts the day after termination of employment, which is typically determined based on the last day for which a salary or wage is paid," on its now-archived page on options after termination. Severance pay can complicate that, which our guide on when the grace period clock starts with severance and a final paycheck works through.
- Its cap. Up to 60 consecutive days, or your validity end date if that comes first, and only once per authorized validity period.
- No work. The regulation says you "may not work during such a period" unless something else authorizes it.
- It is discretionary. USCIS decides whether it applied when it adjudicates your next filing, such as a new employer's petition or a change of status.
For how a layoff, a termination for cause and a company closure each set off the clock, see every involuntary trigger for the H-1B grace period, and for the full playbook, our 60-day grace period survival guide.
Viral H-1B grace period claims, checked
Viral claims and corrections, as of 2026-11-01
| Claim you may have seen | What is actually true | Where the confusion likely comes from |
|---|---|---|
| "The removal has been approved" | Proposed only. No final rule, no effective date | "Clears key review" headlines about OIRA's review of the proposal before publication |
| "The grace period ends in early 2027" | No date exists. DHS has named no final-rule date or effective date | Guesses about how long rulemaking takes |
| "Only 30 days remain after a layoff" | No 30-day H-1B grace period exists or is proposed. The proposal removes the 60 days and adds nothing | Mix-ups with "F-1 grace period is now 30 days" posts about the Duration of Status rule. That rule is blocked, the F-1 period is still 60 days, and neither applies to H-1B |
| "It was extended to 180 days" | No 180-day H-1B grace period exists or is proposed | Possibly STEM OPT's 180-day automatic extension of work authorization (still in effect), an F-1 rule this proposal does not touch |
| "It was cut in February 2026" (a date that circulated from a VisaVerge item) | Nothing was cut then. The proposal was published 2026-09-11 and is still proposed | A date repeated online with no Federal Register document behind it |
| "It ends the F-1 and OPT grace period too" | The proposal covers worker classifications only; F-1 is not on the list | Two different 60-day grace periods share a name |
What happens after the November 10 comment deadline?
After 11:59 p.m. Eastern on 2026-11-10 the docket stops taking comments, and nothing changes for you that day. DHS then has to work through the comments before it can adopt a final rule, and a final rule binds only once it is published and its effective date arrives. None of the later steps has a date.
The road from proposal to effective date, as of 2026-11-01
| Step | What happens | Status | Where to watch |
|---|---|---|---|
| 1. White House review of the proposal | OIRA reviews a significant proposal before publication | Done before publication ("the rule has been reviewed by OMB") | The proposal's own text |
| 2. Proposal published | 91 FR 57807, RIN 1615-AD22 | Done, 2026-09-11 | Federal Register |
| 3. Public comment | Anyone may comment on docket USCIS-2026-0364 | Open; closes 2026-11-10, 11:59 p.m. ET; about 27,000 comments | regulations.gov |
| 4. DHS reviews comments | The agency must consider "the relevant matter presented" (5 U.S.C. 553(c)) | Not public; no date | Nothing appears until a final rule |
| 5. Final rule to OIRA | The proposal was designated significant, so a final version would likely be reviewed again (our reading) | Not on OIRA's list of rules under review as of 2026-11-01 | OIRA's list of rules under review |
| 6. Final rule published | Final text, DHS's answers to comments, an effective date | None exists | Federal Register |
| 7. Effective date | Generally at least 30 days after publication unless an exception applies (5 U.S.C. 553(d)) | None | The final rule's DATES section |
| 8. Possible court challenge | A final rule can be challenged, as the D/S rule was | n/a | Court dockets |
A final rule can also differ from the proposal in response to comments. You can check whether a final version has gone to the White House on OIRA's list of rules under Executive Order 12866 review.
How long until a final rule could take effect?
Nobody outside DHS knows, and we will not guess. What the law fixes is the order of events: under 5 U.S.C. 553(d), "the required publication or service of a substantive rule shall be made not less than 30 days before its effective date," with exceptions that include good cause "found and published with the rule." So the first real signal would be a final rule in the Federal Register, and its DATES section would tell you when it binds.
One detail matters if you are mid-layoff when that happens. The proposed regulatory text only removes 214.1(l)(2) and a cross-reference to it in 8 CFR 204.5(p)(1)(i); it says nothing about people already inside a grace period on an effective date (our reading). If a final rule appears, read its applicability language with your attorney.
What would remain if the grace period ends?
Very little that helps after a layoff. The proposal deletes 214.1(l)(2) and keeps 214.1(l)(1), which allows up to 10 days before a petition's validity period begins and 10 days after it ends. Those 10 days run from your petition's end date, not from your last day of work.
DHS says so directly in the proposal: "Because 8 CFR 214.1(l)(1) specifies that this 10-day grace period applies 'after the validity period ends,' it would not apply to a worker who ceases employment during the approved validity period."
The proposal also describes how things worked before 2017, when no such grace period existed. Back then, a worker "was generally considered to have failed to maintain his or her status beginning on the day after the end of his or her employment" and "was expected to depart the United States immediately, unless otherwise authorized to lawfully remain in the United States." DHS's own cost analysis adds that under the proposal "some aliens may be issued Notices to Appear (NTA)," the document that starts removal proceedings.
What the text keeps:
- The provision letting someone "in any authorized period described in paragraph (l)" apply for an extension or change of status, renumbered as 214.1(l)(2).
- The compelling-circumstances EAD rule at 8 CFR 204.5(p), minus its reference to the 60-day period.
The provision being removed covers each listed worker "and his or her dependents," so H-4, L-2 and other dependents would lose the 60 days too. Whether any particular filing would protect you after a layoff under a final rule is exactly the question for a licensed immigration attorney. L-1, O-1, TN and E-3 workers have the same exposure; our guide on TN and E-3 workers under the grace-period proposal covers the category-specific wrinkles.
A worked example with real dates
These dates are hypothetical, chosen to show the mechanics. Your own I-797 approval notice and I-94, and your attorney's reading of them, govern.
Today's rule vs the proposal as written, as of 2026-11-01
| Your facts | Today's rule (in effect) | If the proposal were final and in effect (hypothetical) |
|---|---|---|
| Last paid day Fri 2026-11-20; validity period ends 2029-09-30 | Day 1 is 2026-11-21; day 60 is Tue 2027-01-19 | No 60-day period. The 10-day window attaches to 2029-09-30, not to the layoff |
| Last paid day Thu 2026-12-31; validity period ends 2028-06-30 | Day 1 is 2027-01-01; day 60 is Mon 2027-03-01 | No 60-day period after the job ends |
| Last paid day Thu 2026-12-31; validity period ends 2027-01-31 | Ends 2027-01-31, because the validity end comes first | No 60-day period after the job ends |
Only the middle column applies to anyone laid off today. The right-hand column shows a final rule matching the proposal, which as of November 1, 2026 does not exist.
Does the grace period proposal affect F-1 students on OPT?
No. The proposal lists E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers and their dependents, and F-1 is not among them. The separate F-1 60-day grace period still applies because a federal court postponed and enjoined the Duration of Status rule on 2026-09-14.
On its Form I-539 page, USCIS says DHS "is preliminarily enjoined from taking any further action to implement the final rule" and that "USCIS will proceed under the previous regulatory provisions." The case is still being briefed, both on the merits and in DHS's First Circuit appeal, and the rule stays blocked meanwhile. OPT unemployment limits are unchanged at 90 days, or 150 in total with STEM OPT. The worker proposal starts to matter to you only once you hold H-1B or another listed status. For anything about F-1, OPT or SEVIS, your DSO is the right first call, not an H-1B attorney.
How to plan for a layoff while the rule is pending
You cannot control the rulemaking, but you can be ready if your job ends. Start now.
- Download your most recent I-94 from CBP's official I-94 website and note the "admit until" date.
- Compare it with the validity dates on your Form I-797A approval notice. The grace period cannot run past the end of your authorized validity period, and an I-94 date can differ from the petition dates, so ask your attorney which date governs. Keep copies of both somewhere you can reach without a work login.
- Ask HR in writing for your last day of employment and your last paid day, since USCIS has said the grace period is typically counted from the last day wages are paid.
- Book a consultation with a licensed immigration attorney as soon as a layoff is announced, to map which routes fit you: a new employer's Form I-129 petition, a Form I-539 change of status (for example to H-4 or F-1), or departure.
- Ask your employer's immigration counsel whether a Form I-140 has been filed or approved for you, because that can change your options and your timeline.
- Track docket USCIS-2026-0364 on regulations.gov and the Federal Register; the proposal notes you can "sign up for email alerts on the online docket to be notified when comments are posted or a final rule is published."
- Submit a comment on the regulations.gov comment form before 11:59 p.m. Eastern on 2026-11-10 if you want your experience on the record. Comments are public, so leave out receipt numbers, A-numbers and passport details. Our guide to the November 2026 comment deadlines for the OPT fee, grace period and deference proposals walks through how to write one.
Who to call for what: a licensed immigration attorney for H-1B, L-1, O-1, TN or E status and any petition strategy; your DSO for F-1, OPT and SEVIS; a tax professional who handles nonresident returns for severance and retirement-account questions.
Common mistakes
- Reading "clears key review" as "approved." OIRA review of a proposal is the step before publication, not a final decision.
- Planning around a 30-day or 180-day H-1B window. Neither exists, and neither is proposed. The number today is up to 60 days.
- Treating the comment deadline as a start date. Nothing changes on 2026-11-10. Only a published final rule's effective date would.
- Counting from the day you were told. USCIS has said the period typically starts the day after the last day for which you were paid.
- Assuming the 10-day period covers a layoff. It runs from the petition's end date. DHS itself says it would not help a worker whose job ends mid-validity.
- Waiting for a final rule before planning. Filings take time to prepare, and 60 days is already short.
Frequently asked questions
Is the H-1B 60-day grace period still valid?
Yes. As of November 1, 2026, the up-to-60-day grace period in 8 CFR 214.1(l)(2) still applies to H-1B, H-1B1, L-1, O-1, E-1, E-2, E-3 and TN workers and their dependents. DHS has only proposed removing it (RIN 1615-AD22), and a proposal changes nothing until a final rule is published and takes effect.
Has the H-1B grace period removal been approved?
No. The removal is a proposed rule published on September 11, 2026 at 91 FR 57807, and comments close on November 10, 2026 at 11:59 p.m. Eastern. Headlines saying the plan "clears key review" referred to White House review of the proposal before publication, not to approval of a final rule. No final rule or effective date exists as of November 1, 2026.
Is the H-1B grace period being extended to 180 days?
No. No 180-day or 30-day H-1B grace period exists or has been proposed as of November 1, 2026. The only pending proposal would remove the 60-day period, not lengthen it. The 180-day figure may come from the STEM OPT automatic extension of work authorization, which is an F-1 rule and still in effect.
What would remain if the H-1B grace period ends?
Under the proposal as written, only the 8 CFR 214.1(l)(1) window of up to 10 days after a petition's validity period ends would remain. That window runs from the petition's end date, not from a layoff, and DHS says it would not apply to a worker whose job ends during the validity period. A licensed immigration attorney can tell you which other filings might keep you in status.
How long until a final rule could take effect?
There is no date, and DHS has not announced one. After comments close on November 10, 2026, DHS must consider them, may send a final rule for White House review, and must publish it in the Federal Register. A substantive rule generally takes effect no sooner than 30 days after publication unless an exception applies, so a published final rule is the signal to watch.
Sources
- Federal Register, Eliminating the Discretionary 60-day Grace Period (proposed rule, 91 FR 57807)
- GovInfo, full text of FR Doc. 2026-18631
- Regulations.gov, docket USCIS-2026-0364
- Cornell LII, 8 CFR 214.1 (its copy also prints the blocked Duration of Status rule's new paragraph (m), which is not in effect) and 5 U.S.C. 553
- USCIS, Options for Nonimmigrant Workers Following Termination of Employment (archived)
- USCIS, Form I-539 page (Duration of Status rule status)
- OIRA, rules under Executive Order 12866 review
How we checked this: on 2026-11-01 we read the proposal's full text on GovInfo, its Federal Register record (including the comment count and the empty effective date), 8 CFR 214.1, 5 U.S.C. 553, the USCIS pages above and OIRA's list of rules under review. This is general information, not legal or tax advice; your own I-94, approval notice and a licensed immigration attorney (or your DSO for F-1 matters) govern your situation.
If a layoff or an uncertain role has you watching this docket, the job search does not have to wait for the rulemaking. F1Jobs can help you search for employers that sponsor H-1B transfers while your attorney handles the status side.
Frequently asked questions
Is the H-1B 60-day grace period still valid?
Yes. As of November 1, 2026, the up-to-60-day grace period in 8 CFR 214.1(l)(2) still applies to H-1B, H-1B1, L-1, O-1, E-1, E-2, E-3 and TN workers and their dependents. DHS has only proposed removing it (RIN 1615-AD22), and a proposal changes nothing until a final rule is published and takes effect.
Has the H-1B grace period removal been approved?
No. The removal is a proposed rule published on September 11, 2026 at 91 FR 57807, and comments close on November 10, 2026 at 11:59 p.m. Eastern. Headlines saying the plan "clears key review" referred to White House review of the proposal before publication, not to approval of a final rule. No final rule or effective date exists as of November 1, 2026.
Is the H-1B grace period being extended to 180 days?
No. No 180-day or 30-day H-1B grace period exists or has been proposed as of November 1, 2026. The only pending proposal would remove the 60-day period, not lengthen it. The 180-day figure may come from the STEM OPT automatic extension of work authorization, which is an F-1 rule and still in effect.
What would remain if the H-1B grace period ends?
Under the proposal as written, only the 8 CFR 214.1(l)(1) window of up to 10 days after a petition's validity period ends would remain. That window runs from the petition's end date, not from a layoff, and DHS says it would not apply to a worker whose job ends during the validity period. A licensed immigration attorney can tell you which other filings might keep you in status.
How long until a final rule could take effect?
There is no date, and DHS has not announced one. After comments close on November 10, 2026, DHS must consider them, may send a final rule for White House review, and must publish it in the Federal Register. A substantive rule generally takes effect no sooner than 30 days after publication unless an exception applies, so a published final rule is the signal to watch.