The Trump administration has proposed eliminating the discretionary grace period of up to 60 days currently available to H-1B workers after they lose their jobs. The Department of Homeland Security published the proposal on September 11, 2026, seeking to more closely tie immigration status to the employment that supports the visa.
The proposal is not yet in effect. The current grace period remains in place while the government accepts public comments through November 10, 2026. After that period, DHS could modify, withdraw or finalize the proposal.
Under current rules, certain nonimmigrant workers and their dependents may maintain their status for up to 60 days after employment ends, or until the authorized stay on their I-94 expires, whichever comes first. The proposed rule would eliminate this provision, meaning affected workers would generally have to leave the United States when the qualifying employment ends unless they have another legal basis to remain.
What would change after a job loss?
If finalized, the proposal would eliminate 8 CFR 214.1(l)(2), the provision that has allowed certain workers to remain in the country for up to 60 days after their employment ends since 2017.
DHS said the purpose of the proposal is to eliminate the discretionary grace period. The agency acknowledges that some workers could lose income while searching for employment from abroad and arranging a return to the United States.
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The change would not be limited to H-1B workers. It would also apply to holders of E-1, E-2, E-3, H-1B1, L-1, O-1 and TN visas, as well as their dependent spouses and children. The TN category includes professionals from Mexico and Canada, while H-1B1 covers specialized workers from Chile and Singapore.
Potential impact on workers and families
The loss of the grace period would leave workers with significantly less time to find a new employer or otherwise resolve their immigration status after losing a job.
Families could also be affected if their legal status depends on the principal worker. A shorter transition period could make it more difficult to reorganize employment, housing, schooling and travel arrangements.
DHS estimates that a subset of 3,795 beneficiaries could experience income losses because they may need additional time to find employment and return to the United States. The agency also estimates individual costs of between $204.43 and $300.53 for some people who receive a notice to appear and must participate in immigration proceedings.
What can H-1B workers do now?
Because the proposal has not taken effect, workers should not assume that the 60-day grace period has been eliminated.
Those who lose their jobs can confirm their exact termination date, review their I-94 and immigration documents, and seek legal advice as soon as possible. Current options can include a qualifying change-of-employer petition, a change or adjustment of status, or, in eligible cases, employment authorization based on compelling circumstances.
The public can submit comments on the proposal through November 10, 2026, using Regulations.gov and the docket number USCIS-2026-0364.
The proposal could still change
The DHS notice opens a 60-day public comment period. After reviewing the comments, the agency can modify, withdraw or finalize the proposal. A final rule would also have to establish an effective date.
For now, a person who loses an H-1B job is not automatically required to leave the United States immediately because of this proposal. The existing grace-period rules remain applicable unless and until a final rule takes effect.
Note: This article is based on the source text provided. Immigration rules are highly fact-specific, so workers facing a job loss should consult a qualified immigration attorney before taking action.
