- The Department of Homeland Security proposes eliminating the 60-day grace period for several nonimmigrant work visa categories.
- The proposal affects H-1B, L-1, and TN workers, potentially ending lawful status immediately upon job termination.
- Currently under White House review, the measure requires a public comment period before any final implementation.
The Department of Homeland Security sent a proposal to White House reviewers on August 6, 2026, seeking to eliminate the 60-day discretionary grace period for H-1B and other nonimmigrant workers. The proposal has not taken effect.
The measure, identified as RIN 1615-AD22, remains pending before the Office of Information and Regulatory Affairs. Its formal title is “Eliminating the Discretionary 60-day Grace Period.”
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Until the government publishes a Notice of Proposed Rulemaking in the Federal Register and later issues a final rule, eligible workers retain the current protection. The existing regulation generally allows up to 60 days, or until the worker’s I-94 expires, whichever comes first, after qualifying employment ends.
That window can give a worker time to find a new employer, file a change-of-status request or prepare to leave the United States. The proposal would remove that buffer.
The filing covers H-1B, H-1B1, L-1, O-1, TN, E-1, E-2 and E-3 workers, along with their dependent family members. A layoff could therefore affect a household’s immigration status at once.
The text remains confidential during White House review. A public rulemaking process would begin only if the proposal clears that stage and the agency publishes it for public comment.
The proposal would tie status more closely to the end of employment
Under the 2017 regulation at 8 CFR 214.1(l), eligible nonimmigrants receive the current grace period after losing qualifying employment. They may use it to seek another job or pursue a new immigration filing.
The proposed change would eliminate that period entirely. Without it, lawful status would theoretically end on the same day qualifying employment stops.
That could make H-1B transfers harder to complete after a layoff. A worker could be out of status as soon as the job ends, leaving less time to coordinate a new employer’s filing or make departure arrangements.
The rule would reach beyond H-1B employees. Its covered classifications include:
- H-1B and H-1B1 specialty-occupation workers;
- L-1 intracompany transferees;
- O-1 workers;
- TN professionals;
- E-1 and E-2 treaty traders and investors; and
- E-3 specialty-occupation workers.
Dependent family members are also included in the proposal’s affected population.
White House review comes before public comments
The official Reginfo.gov entry for RIN 1615-AD22 lists the agency as the Department of Homeland Security and USCIS. It records receipt for review on August 6, 2026, and identifies the measure as a proposed rule.
OIRA review is the step preceding publication for public comment. After publication, the public would have 30 to 60 days to submit formal comments through regulations.gov.
The process usually takes several months. The current rule remains in place during that period.
A final rule would be needed before the proposed change could govern workers. The filing itself does not end the current protection.
The filing follows other immigration changes this summer
The proposal arrives after several other immigration actions in 2026. On July 17, 2026, the department published a final rule ending “Duration of Status” for F-1 students. That rule takes effect September 15, 2026, and shortens the post-graduation grace period from 60 days to 30 days.
USCIS also issued a policy update effective August 5, 2026, restoring officer discretion to deny applications that lack required initial evidence without first issuing a Request for Evidence or a Notice of Intent to Deny.
The agency said the policy “helps restore integrity to the immigration system and makes it more difficult for aliens to file frivolous benefit requests.”
The developments follow a court setback involving a separate H-1B fee. On July 24, 2026, the First Circuit Court of Appeals denied the government’s request for a stay of a lower court order that vacated a mandatory $100,000 H-1B petition fee.
That fee dispute is separate from the grace-period proposal. Both developments affect the conditions surrounding H-1B employment and petitions.
Immigration attorneys warn of immediate family consequences
Ajay Bhutoria, a former adviser to the Presidential Commission, condemned the proposal on August 10, 2026. He said specialized recruitment often takes longer than a sudden termination would allow.
“Eliminating the 60-day grace period is inhumane and unworkable. Recruitment for specialized fields often involves multiple interviews and months of paperwork. This move will cause severe human displacement and the loss of highly skilled talent.”
Immigration attorney Ana Gabriela Urizar described the potential effect on families after an unexpected layoff. She made the comment on August 8, 2026.
“An unexpected layoff would not simply mean losing a job, it could immediately put a family’s ability to remain in the United States into question.”
The proposed rule would affect both the principal worker and eligible dependents tied to that worker’s status. Its practical effect would depend on the final text and implementation date.
The next formal milestone is White House completion of its review. If the proposal advances, publication in the Federal Register would open the 30-to-60-day comment period before any final rule could take effect.
