Updated 09/19/2026

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DHS has proposed eliminating—not shortening—the 60-day post-termination grace period for H-1B and certain other nonimmigrant workers. The current 60-day rule remains in effect.

DHS Is Proposing Complete Elimination, Not a 30-Day Grace Period

On September 11, 2026, DHS published a Notice of Proposed Rulemaking titled “Eliminating the Discretionary 60-Day Grace Period.”

The proposal would remove 8 CFR §214.1(l)(2), which currently provides eligible workers with a discretionary grace period of up to 60 days following cessation of employment.

DHS specifically considered shortening the period but rejected that alternative and instead proposed eliminating it entirely.

The proposal affects E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers and their qualifying dependents.

Is the 60-Day Grace Period Still Available?

Yes.

The September 11 publication is only a proposed rule. Comments are due by November 10, 2026, and the existing regulation remains in force unless and until DHS issues an effective Final Rule.

What Would Happen If the Proposal Becomes Final?

Under the proposal, once qualifying employment ends, the worker and dependents could be considered to be failing to maintain nonimmigrant status beginning the following day unless another lawful basis to remain applies.

This would significantly reduce the time available to search for another employer and prepare an H-1B transfer or other immigration strategy.

For workers in industries experiencing layoffs, advance immigration planning may therefore become increasingly important.

Bottom line: The 60-day grace period remains available today, but DHS has formally proposed eliminating it entirely.