H-1B 60-day grace period: comments on DHS plan to end it close today

Tuesday, 10 November 2026, is the last day for public comments on a US Department of Homeland Security (DHS) proposal to end the 60-day grace period that H-1B and several other foreign workers now get after their job ends. The proposed rule, "Eliminating the Discretionary 60-Day Grace Period", was published in the Federal Register on Friday, 11 September 2026, under docket USCIS-2026-0364. It would cover workers on E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN visas and their dependents. If adopted, a worker who loses their job would no longer get up to 60 days to find a new employer, change status or prepare to leave, and would have to depart unless otherwise authorised to stay. The rule is not in force: DHS must review the comments and publish a final rule first.

For a foreign tech worker in the United States, a job and the right to stay in the country are tied together. The grace period is the safety net between them. Today, if an H-1B worker is laid off, they can use up to 60 days to find another employer willing to file a petition, switch to another visa, or wind up their life and leave in an orderly way. Under the proposal, that net would disappear, and a laid-off worker could be out of status almost immediately.

The proposal is especially sensitive for the technology sector, where layoffs can come with little warning. Many of the workers who use the grace period are software engineers and other tech professionals, and Indian nationals form a large part of the H-1B workforce. A family in which one spouse holds an H-1B and the other a dependent visa could see both lose status together if the main job ends.

Public comments submitted to the docket, which are published on regulations.gov, show the arguments on both sides. Many commenters say ending the grace period would hurt people who lose jobs through layoffs, reorganisations or company closures, through no fault of their own, and ask DHS to keep at least a short window for involuntary job loss. A smaller number back the change, arguing that these visas are tied to one specific job with one employer, so status should end with the job.

Lawyers have also questioned DHS's reasoning. They say that removing the grace period would push workers to file change-of-status applications before their last day, which could add to the agency's workload rather than reduce it. Some have urged small businesses to comment, because DHS concluded the rule would not have a significant impact on small entities.

Peepals timeline: DHS published the proposal on Friday, 11 September 2026, opening a 60-day comment window (11 September to 10 November). The window closes on Tuesday, 10 November 2026. DHS must then review the comments and publish a final rule with an implementation date before anything changes; no date for that has been announced. Until then, the existing grace period of up to 60 days remains available.

Short-term: Workers, employers and lawyers who want their views on record must file comments on regulations.gov by the end of 10 November 2026; the current grace period still applies.

Long-term: If the rule is finalised, foreign workers who lose their jobs would have little or no time to find new sponsors, which could change how people weigh offers, layoffs and job changes in the US.

Who is affected: H-1B, H-1B1, L-1, O-1, TN and E visa holders and their families, including many Indian tech professionals; US employers that sponsor foreign workers; and recruiters who place them.

What to watch next: DHS's review of the comments and any final rule, which must give a specific implementation date before the change can take effect.

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