Losing a job while your immigration status depends on that employment already creates a difficult countdown DHS now wants to remove much of the time workers currently have to respond. On September 11, 2026, the Department of Homeland Security proposed eliminating the H1B grace period of up to 60 days after employment ends. The proposal also covers several other employment-based nonimmigrant classifications.
For now, however, nothing has changed for H1B workers. The 60-day provision remains in effect while DHS moves through the federal rulemaking process.
What Is DHS Proposing?
DHS wants to remove 8 CFR 214.1(l)(2), the regulation that created the discretionary grace period in 2017.
If DHS finalizes the proposal as written, workers in the affected categories would no longer have access to this up to 60-day period after their qualifying employment ends.
DHS says workers whose status depends on employment should generally depart when that employment ends, unless they have another lawful basis to remain in the United States. The agency also argues that removing the grace period would reduce administrative work for USCIS.
This is not a proposal to reduce the grace period from 60 days to 30 or 15. DHS considered a shorter period and rejected that alternative. The NPRM proposes removing the 60-day provision altogether.
If your H1B employment has ended or you are concerned about an upcoming layoff, Loigica can help you review your current status and the immigration options that may be available in your situation.
How Does the H1B Grace Period Work Today?
Under current regulations, certain nonimmigrant workers can receive a discretionary grace period after their employment or qualifying activity ends.
For an H1B worker, the H1B 60 day grace period can last up to 60 consecutive days or until the end of the authorized validity period, whichever comes first.
The key word is discretionary.
The regulation does not guarantee every worker exactly 60 days. USCIS can shorten or eliminate the period when it later reviews an extension, change of status, or another immigration request.
Still, the rule gives many people valuable time after an unexpected layoff. During that period, a worker may be able to find another employer, pursue another status, or make plans to leave the country.
Dependents can also benefit from the principal worker’s grace period under the current regulation.
What Would Change for H1B Workers After Job Loss?
For an H1B professional, the practical difference could be significant.
Today, if your employment ends before your authorized stay expires, the H1B grace period after job loss may give you time to speak with new employers and consider your immigration options.
If DHS eliminates that protection, the gap between losing your job and taking immigration action could become much smaller.
H1B portability would still matter. Under that provision, an eligible H1B worker may begin new employment after a new employer properly files an H1B petition, rather than waiting for approval. The NPRM does not itself repeal H1B portability.
Without the grace period, finding an employer willing to sponsor you, preparing a new petition, and filing it could become much more urgent.
DHS’s own analysis helps explain why H1B workers are central to this discussion. Among the cases the agency could identify where a new Form I-129 was filed during the grace period, about 3,765 out of 3,795 involved H1B workers. That is approximately 99.2% of that specific group. DHS does not present this number as the total population that uses the grace period.
Which Other Visa Categories Would Be Affected?
The proposal reaches beyond H1B.
It would remove the same up to 60-day grace period for these classifications and their qualifying dependents:
| Classification | Covered by the proposal |
|---|---|
| E-1 | Yes |
| E-2 | Yes |
| E-3 | Yes |
| H-1B | Yes |
| H-1B1 | Yes |
| L-1 | Yes |
| O-1 | Yes |
| TN | Yes |
The impact can vary across employment and investment categories because their employment rules differ.
Still, the basic change is the same: workers would lose the current regulatory buffer after the employment or activity supporting their status ends.
What Happens If You Lose Your Job on H1B?
If you lose your job today, do not assume the proposed rule has already taken effect.
The existing H1B grace period remains available under current regulations.
Your next step depends on your immigration history, your I-94, the timing of the termination, and what you want to do next.
Depending on the circumstances, possible paths may include:
- finding a new employer willing to file an H1B petition;
- requesting a change or extension of status when eligible;
- pursuing another nonimmigrant classification;
- moving forward with an adjustment of status case when available;
- or planning a timely departure from the United States.
DHS itself notes that workers currently use the grace period to pursue new employment, changes of status, extensions, or adjustment of status when eligible.
There is no single answer that works for everyone.
If you have just lost your job, waiting several weeks to understand your options can reduce the time available to act. Reviewing your status early can help you understand which deadlines actually apply to you.
When Could the H1B Grace Period Change?
Not yet.
DHS published a Notice of Proposed Rulemaking, not a final rule. The current H1B grace period remains in place as of September 14, 2026.
The public can submit comments on the proposal through November 10, 2026. DHS will then need to review the rulemaking record before deciding whether to move forward with a final rule.
A final rule could also differ from the proposal published in September.
That means workers should follow the process closely, but they should not assume the 60-day grace period has already ended.
For someone whose immigration status depends on a job, this proposal makes planning more important. For now, the most useful step is knowing how the current rule applies to your own timeline.
If your employment situation is changing, contact Loigica to review your H1B status, deadlines, and possible next steps under the rules currently in effect.
Harry Tapias Esq.
CEO, Attorney and Co-Founder at Loigica
Disclaimer
This article provides general information about DHS’s September 2026 proposal to eliminate the discretionary 60-day grace period. It does not constitute legal advice or create an attorney-client relationship. The proposal is not a final rule. The current grace-period regulation remains in effect while the rulemaking process continues. Immigration options after job loss depend on the facts and timing of each case.
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Losing employment can affect both your professional plans and your immigration timeline.
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