- DHS cleared RIN 1615-AD22 on August twenty-eighth, twenty twenty-six, moving to end the H-1B grace period.
- The proposal would remove the 60-day grace period that lets laid-off workers stay while seeking new sponsorship.
- No legal change applies yet; the rule is still pending and has not been published in the Federal Register.
The Department of Homeland Security has advanced a plan to end the 60-day grace period for H-1B workers who lose their jobs. The action, identified as RIN 1615-AD22, cleared the White House Office of Information and Regulatory Affairs on Thursday, August 28, 2026.
The review advances the proposal but does not put it into effect. DHS has not yet published the proposed rule, and the current post-employment protection remains available.
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The proposal is titled “Eliminating the Discretionary 60-day Grace Period.” It would remove the period that allows specialty-occupation employees to remain in the United States after employment ends while seeking another sponsor or changing status.
The DHS plan remains subject to the rulemaking process. No immediate legal change applies.
Since 2017, DHS regulations have provided eligible specialty occupation workers with a discretionary window after termination. The period lasts 60 consecutive days, or until the end of the worker’s authorized validity, whichever is shorter.
That window gives a worker time to find a new employer, change status, or prepare for departure. Its use depends on the existing regulation and the facts of the individual case.
The current protection remains in force while the proposal is pending
RIN 1615-AD22 has not been published in the Federal Register, and the proposal has not been finalized. The current regulation still governs cases involving a job loss.
Employers should not rewrite internal policies based only on the proposal’s title. Employees likewise remain subject to the existing framework while DHS moves toward publication.
The pressure would arise when a job ends. Under the present system, the worker can use the available period to seek sponsorship, pursue a status change, or arrange departure. Eliminating the period would remove that buffer if the proposal becomes final.
Immigration lawyers described the potential change as a major risk for laid-off workers. They said the current window helps workers secure new sponsorship, change status, or prepare to leave the country.
The proposal would therefore affect employees and employers differently. Workers would face less time to respond after termination. Employers would need to account for a shorter transition if DHS eventually adopts the measure.
The grace-period proposal is separate from the fee initiative
The administration is also pursuing a separate H-1B fee measure. A proposed fee of $103,265 for cap-subject petitions was published on August 25, 2026.
The fee proposal includes petitions covered by the advanced-degree exemption. It addresses filing costs, while RIN 1615-AD22 addresses the period after employment ends.
| Policy action | Status as of August 28, 2026 | Affected area |
|---|---|---|
| RIN 1615-AD22 | Cleared OIRA review, not final | Post-employment grace period |
| Proposed $103,265 fee | Proposed on August 25, 2026 | Cap-subject petitions |
| Expanded screening fees and petition scrutiny | Part of the broader 2026 push | Filing review and adjudication |
The broader initiative also includes expanded screening fees and officer discretion to reject petitions. Those measures do not themselves eliminate the post-employment period.
The two proposals could create separate pressures for H-1B employers. One concerns the cost of certain filings. The other could affect how quickly a company and worker must respond after a termination.
Publication would reveal how DHS intends to remove the buffer
OIRA forms part of the White House regulatory review process. Its clearance marks a review stage, not the effective date of a new immigration rule.
DHS is expected to publish the proposed rule soon after OIRA review. The published text will identify the operative language and the scope of the proposed change.
Until publication and finalization, the proposal remains procedural. The existing period continues to govern eligible cases.
That status also limits what employers can change now. Companies can monitor the proposal and prepare for a possible revision, but the current regulation controls job-loss cases until a final rule says otherwise.
Related visa categories appear in descriptions of the proposal
Immigration lawyers have described related versions of the proposal as potentially reaching beyond H-1B cases. The categories identified include H-1B1, L-1, O-1, TN, E-1, E-2, and E-3.
Those categories appear in descriptions of related versions, while the regulatory action cleared for review is RIN 1615-AD22. The published rule will show whether DHS includes those classifications and how the agency defines the change.
The current framework remains in place as of August 28, 2026. Publication after OIRA review is the next concrete step in the proposal’s path.
This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.
