The Department of Homeland Security is advancing a proposal that would remove one of the most important safety nets for high-skilled foreign workers: the 60-day grace period that currently protects nonimmigrants who lose their jobs. On August 6, 2026, DHS sent the proposed rule — titled “Eliminating the Discretionary 60-day Grace Period” (RIN 1615-AD22) — to the White House Office of Information and Regulatory Affairs (OIRA) for review.
This is a proposed rule, not yet in effect. Its full text is not public, and it remains under White House review. If OIRA clears it, DHS would publish it in the Federal Register, typically followed by a public comment period before any final rule takes effect. Nothing changes for workers today.
The grace period at issue was created by regulation in 2016 and took effect in early 2017. It gives E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN nonimmigrants — and their dependents — up to 60 days of continued lawful status after the principal’s employment ends. In practice, it is the window laid-off workers use to find a new sponsoring employer, file a change of status, or arrange an orderly departure.
If the grace period were eliminated, the consequences would be immediate. Foreign nationals whose employment ends prematurely, along with their dependents, would generally be required to depart the United States right away, and would be unable to change status or change employers from within the country unless USCIS chose to exercise discretion to forgive the status lapse. For H-1B workers navigating layoffs, that would sharply compress the time available to remain in status.
Immigration attorneys are urging affected workers to watch for the rule’s publication and to build contingency plans now — including keeping documentation current and lining up potential sponsors — rather than waiting until a job loss occurs. We will update this story if and when the proposed rule is published for public comment.
Need help with your immigration petition? Visit QuickFiling.us for AI-guided NIW and EB-1A petition preparation.
Source: X (Twitter) @NewsVOG