H-1B Grace Period News and Two Other Rules: How to Comment Before the November 2026 Deadlines
Three DHS proposals close for public comment in November 2026. Here is what each one would change, who it covers, and how to file a comment that counts.
Part of our guide to the H-1B 60-day grace period.
Status as of 2026-10-14: the H-1B 60-day grace period has not been removed. Eliminating it is a proposed rule (RIN 1615-AD22), and today's 60-day worker grace period still applies until a final rule takes effect. You can comment on that proposal until 2026-11-10. Two other proposals that affect international students and workers also close for comment in November: the OPT fee NPRM (comments due on or before 2026-11-09) and the deference-removal NPRM (published today, comments due on or before 2026-11-13).
If you have seen "h1b 60 day grace period removed" online this month, this post explains what each rule would do, who it covers and how to comment on a federal rule, step by step. It explains how the process works. It is not legal advice about your own case.
H-1B grace period news: what is true today
- Worker 60-day grace period elimination: PROPOSED. Published in the Federal Register on 2026-09-11 (docket USCIS-2026-0364). It 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. Under the proposal, a worker would be "immediately failing to maintain their nonimmigrant status the day after" employment ends. As of the latest count, 25,553 comments had been posted. The separate 10-day period in 214.1(l)(1) is not removed.
- OPT fees: PROPOSED. Published 2026-10-08 (docket ICEB-2026-0100). It proposes $70,000 before a student's initial OPT recommendation and $30,000 for each subsequent recommendation, with STEM OPT counting as subsequent. The school is the legal payer and may pass the cost on. About 1,615 comments had been filed as of 2026-10-13.
- Removing deference to prior approvals: PROPOSED. On public inspection 2026-10-13, published 2026-10-14 (docket USCIS-2026-0529, RIN 1615-AD26). The current deference rule still applies. It would delete 8 CFR 214.1(c)(5), the rule that tells USCIS to defer to a prior I-129 approval involving the same parties and facts. It covers all I-129 extension classes, H-1B, L-1, O, TN and E included.
- The $103,265 cap-subject H-1B fee: PROPOSED, comments closed. That window shut on 2026-09-24 with 11,706 comments. There is no final rule. Our earlier guide on how to submit a comment on the H-1B fee rule walks through the regulations.gov process in more detail.
None of these is law yet. A proposed rule can be finalized as written, changed, delayed or withdrawn.
Is the H-1B 60-day grace period still valid?
Yes. If your employment ends today, the existing regulation still governs. It gives up to 60 consecutive days, or until your I-94 ends if that is sooner, to find a new employer, change status or depart. For what that looks like in practice, see our H-1B layoff and 60-day grace period guide. Your own I-94 and approval notice govern over anything published here, and an immigration attorney is the right person for a decision about your situation.
Two different 60-day grace periods
People often mix these up.
| Grace period | Who it covers | Status on 2026-10-14 |
|---|---|---|
| Worker grace period, 8 CFR 214.1(l)(2) | E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, TN workers and dependents | In effect; elimination proposed (RIN 1615-AD22) |
| Worker 10-day period, 8 CFR 214.1(l)(1) | Certain worker classes, around the start and end of the petition validity period | In effect; not part of the proposal |
| F-1 60-day post-completion grace period | F-1 students, including after OPT | In effect; the Duration-of-Status rule that would have cut it is blocked (court order 2026-09-14; DHS has appealed) |
If you are on OPT or STEM OPT, the worker grace period proposal does not cover you. The OPT fee proposal is the one aimed at you, and our Duration-of-Status appeal tracker follows the F-1 side. Confirm anything about your own grace period with your DSO.
The three open dockets at a glance (as of October 2026)
| Rule | Docket / RIN | Comments due | Comments posted | Who it mainly affects |
|---|---|---|---|---|
| Eliminating the 60-day worker grace period | USCIS-2026-0364 / RIN 1615-AD22 | 2026-11-10 | 25,553 | H-1B, H-1B1, L-1, O-1, E-1, E-2, E-3, TN workers and dependents |
| Optional Practical Training fees | ICEB-2026-0100 | On or before 2026-11-09 (regulations.gov shows 11-10, the 11:59 p.m. ET boundary); PRA comments 2026-12-07 | About 1,615 (as of 2026-10-13) | F-1 students seeking OPT or STEM OPT, their schools and employers |
| Removing deference to prior USCIS approvals | USCIS-2026-0529 / RIN 1615-AD26 | On or before 2026-11-13 (30 days after 2026-10-14 publication) | Just opened | Anyone whose employer files an I-129 extension |
A note on the deference deadline: one outlet reported a 60-day comment period. That is wrong. The "DATES" section of the published Federal Register notice sets 2026-11-13, with the electronic docket accepting comments until midnight Eastern that day.
The OPT fee rule's later Paperwork Reduction Act (PRA) deadline, 2026-12-07, covers only the paperwork burden. Comments on the policy itself are due by 2026-11-09.
What each rule would change
| Area | Rule today | Proposed rule | What to do differently now |
|---|---|---|---|
| Worker grace period | Up to 60 days after employment ends (or until the I-94 ends, if sooner) | Status lapses the day after employment ends; 10-day period kept | Nothing changes today. Know where your I-94, approval notice and offer documents are, and talk to an immigration attorney about contingencies |
| Deference on extensions | USCIS defers to a prior I-129 approval with the same parties and facts (8 CFR 214.1(c)(5)) | Deference provision deleted, so an extension is reviewed on its own record | Ask your employer's immigration counsel how they are preparing extension filings |
| OPT fees | No OPT program fee beyond the existing I-765 filing fee | $70,000 initial / $30,000 per subsequent recommendation, paid by the school (which may pass it on), only for DSO recommendations dated 60+ days after a final rule | Ask your DSO how your school is tracking the proposal. Already-authorized OPT does not appear to be affected under the proposed transition clause |
For a closer look at the extension side, our explainer on the USCIS deference proposal and H-1B extensions goes deeper. For the OPT fee, see who would actually pay the proposed $70,000 OPT fee. And our full breakdown of the DHS proposal to eliminate the 60-day grace period walks through the worker rule section by section.
How to comment on a federal rule: step by step
Commenting is open to any interested person, and regulations.gov does not ask about your visa status. Whether you comment, and what you say, is your choice.
- Pick the docket. Use the docket IDs in the table above: USCIS-2026-0364 (worker grace period), ICEB-2026-0100 (OPT fees), USCIS-2026-0529 (deference). Each rule needs its own comment. A comment filed on the wrong docket may not be considered for the right one.
- Open the rule itself on regulations.gov. Go to regulations.gov, search the docket ID, and open the document marked "Proposed Rule", not a supporting document in the same docket.
- Read the summary and the agency's questions. Every NPRM explains what the agency proposes and why, and many ask commenters for specific information. A comment that answers one of those questions is easier for the agency to use.
- Write for the agency reviewers, not for a crowd. Say who you are in general terms (for example, "an H-1B software engineer" or "an F-1 master's student planning to apply for OPT"). Name the provision you are addressing, describe the concrete effect on you or people like you, and, if you have one, propose an alternative.
- Keep personal identifiers out. Comments are generally posted publicly. Leave out receipt numbers, A-numbers, SEVIS IDs, passport numbers and your employer's confidential details.
- Attach a document if it is long. The web form takes typed text, and you can upload a PDF or Word file for anything longer or with data.
- Decide how you appear. The form lets you choose what identifying information to give. If you are worried about putting your name on a public comment, that is a reasonable question to take to an immigration attorney before you submit.
- Submit and save the tracking number. Regulations.gov gives you a comment tracking number on submission. Your comment may not appear publicly right away, because the agency reviews submissions before posting.
- Check the alternatives. Each notice lists accepted submission methods in its "ADDRESSES" section. Comments sent another way, or late, may not be considered.
What makes a comment matter
Agencies do not count votes. Under the Administrative Procedure Act they must consider the significant issues commenters raise, and respond to them when they publish a final rule. Those responses become part of the record a court looks at if the rule is later challenged.
That is why one specific comment usually carries more weight than many identical ones. "This is unfair" gives the agency nothing to respond to. "My employer's layoff notice gave two weeks; under the proposal I would have had no time to file a change of status, and here is what that would have cost my US employer" gives it something it has to deal with.
A four-week comment calendar
If you decide to comment, here is one way to pace it.
- Week of 2026-10-14: read the three notices on federalregister.gov.
- By 2026-10-28: draft your comments, one per docket, and have someone outside immigration law read them for clarity.
- By 2026-11-06: submit the OPT fee comment. The deadline is on or before 2026-11-09. Do not plan around the 11-10 date regulations.gov displays.
- By 2026-11-09: submit the worker grace period comment, a day before the 2026-11-10 close.
- By 2026-11-12: submit the deference comment, a day before the 2026-11-13 close.
- 2026-12-07: PRA deadline for the OPT fee's information-collection burden only.
A buffer protects you against a slow website or a failed upload on the last day.
Common mistakes
- Treating a proposal as law. "The grace period is gone", "deference is gone" and "OPT now costs $70,000" are all false as of 2026-10-14. All three are proposals.
- Confusing the two 60-day grace periods. The worker proposal does not touch F-1 students or OPT. The F-1 grace period still applies because the Duration-of-Status rule is blocked.
- Assuming the 10-day period is going too. The proposal keeps 8 CFR 214.1(l)(1).
- Filing one comment for three rules. Each docket needs its own submission.
- Trusting the regulations.gov date on the OPT docket. The Federal Register says on or before 2026-11-09.
- Using the wrong deference deadline. It closes 2026-11-13, 30 days after publication, not 60.
- Posting identifying case details. Comments are public. Describe your situation without receipt numbers or IDs.
- Making a status decision from a proposal. Whether to change jobs, travel or file anything is a question for an immigration attorney (H-1B, L-1, O-1, TN, E) or your DSO (F-1, OPT, STEM OPT), not for a news cycle.
Frequently asked questions
Is the H-1B 60-day grace period still valid in October 2026?
Yes. As of 2026-10-14 the plan to eliminate it (RIN 1615-AD22) is only a proposed rule, and the current 60-day worker grace period applies until a final rule takes effect. The separate 10-day period is not part of the proposal at all.
Does the grace period proposal affect F-1 students on OPT?
No. The proposal targets the worker grace period used by E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers and their dependents. The F-1 60-day post-completion grace period is a different rule, and it still applies because a federal court blocked the Duration-of-Status rule on 2026-09-14. DHS has appealed, and the appeal does not revive the rule.
What are the November 2026 comment deadlines?
OPT fee comments (docket ICEB-2026-0100) are due on or before 2026-11-09, although regulations.gov shows 11-10 because the window closes at 11:59 p.m. Eastern. Worker grace period comments (USCIS-2026-0364) close 2026-11-10. Deference comments (USCIS-2026-0529) are due on or before 2026-11-13, 30 days after the notice was published on 2026-10-14.
Can I comment on a federal rule if I am not a US citizen?
Yes. Notice-and-comment rulemaking is open to any interested person, and regulations.gov does not ask about citizenship or visa status. Comments are generally posted publicly, so leave out receipt numbers, A-numbers, passport details and anything else you would not want online.
Can I still comment on the $103,265 H-1B fee proposal?
No. That comment period closed on 2026-09-24 with 11,706 comments. The fee (RIN 1615-AD20) is still only proposed and there is no final rule, but the docket is no longer taking comments.
Sources
- Federal Register, Eliminating the Discretionary 60-Day Grace Period (published 2026-09-11)
- Federal Register, Optional Practical Training Fees (published 2026-10-08)
- Federal Register, Removing Deference to Prior USCIS Determinations of Eligibility (published 2026-10-14; comments due 2026-11-13)
- Federal Register, Fee for Certain H-1B Petitions (proposed; comments closed 2026-09-24)
- Study in the States (DHS), DHS publishes proposed rule establishing fees for OPT. Where its description differs from the Federal Register text, the Federal Register controls.
- USCIS, H-1B Specialty Occupations
- Regulations.gov, for searching dockets and submitting comments
Rules like these change how you plan a job search, not just how you file. If you want help building a search that accounts for your visa timeline, talk to F1Jobs.
Frequently asked questions
Is the H-1B 60-day grace period still valid in October 2026
Yes. As of 2026-10-14 the plan to eliminate it (RIN 1615-AD22) is only a proposed rule, and the current 60-day worker grace period applies until a final rule takes effect. The separate 10-day period is not part of the proposal at all.
Does the grace period proposal affect F-1 students on OPT
No. The proposal targets the worker grace period used by E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers and their dependents. The F-1 60-day post-completion grace period is a different rule, and it still applies because a federal court blocked the Duration-of-Status rule on 2026-09-14. DHS has appealed, and the appeal does not revive the rule.
What are the November 2026 comment deadlines
OPT fee comments (docket ICEB-2026-0100) are due on or before 2026-11-09, although regulations.gov shows 11-10 because the window closes at 11:59 p.m. Eastern. Worker grace period comments (USCIS-2026-0364) close 2026-11-10. Deference comments (USCIS-2026-0529) are due on or before 2026-11-13, 30 days after the notice was published on 2026-10-14.
Can I comment on a federal rule if I am not a US citizen
Yes. Notice-and-comment rulemaking is open to any interested person, and regulations.gov does not ask about citizenship or visa status. Comments are generally posted publicly, so leave out receipt numbers, A-numbers, passport details and anything else you would not want online.
Can I still comment on the $103,265 H-1B fee proposal
No. That comment period closed on 2026-09-24 with 11,706 comments. The fee (RIN 1615-AD20) is still only proposed and there is no final rule, but the docket is no longer taking comments.