H-1B 60-day grace period: DHS proposes to end it

The US Department of Homeland Security (DHS) proposes to remove the up to 60-day grace period that lets H-1B, L-1, O-1, TN and E workers stay in status after their job ends. The rule was published on 11 September 2026 and is not yet in force. Public comments close on 10 November 2026.

For employers who relocate staff to the United States, and for the workers themselves, the proposal would change what happens on the day a job ends. This guide explains the current rule, what DHS wants to change and what to check now. For the wider picture of working across borders, see our cross-border employment guide.

TL;DR

Proposed rule "Eliminating the Discretionary 60-Day Grace Period", 91 FR 57807, RIN 1615-AD22, published on 11 September 2026.
It would delete 8 CFR 214.1(l)(2), the grace period created by the 2016 AC21 final rule.
Affected statuses: E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN, plus dependents.
Comments are open on regulations.gov, docket USCIS-2026-0364, until 10 November 2026.
Nothing changes until DHS publishes a final rule.

How the grace period works today

The grace period was introduced by the AC21 final rule of 18 November 2016 (81 FR 82398) and has applied since 17 January 2017. It is codified at 8 CFR 214.1(l)(2).

When employment ends before the authorised stay expires, the worker and their dependents may remain in the United States for up to 60 days, or until the end of the authorised validity period if that comes first. During that time they are not treated as having failed to maintain status just because the job ended. They can use the period to find a new employer who files a petition, to change status or to prepare to leave.

The benefit is discretionary: DHS can shorten or eliminate it.

What DHS proposes

DHS proposes to remove 8 CFR 214.1(l)(2) entirely and go back to its earlier policy, under which there was no grace period after a job ended. In the notice, DHS argues that:

status should stay tied to the specific job or activity that justified admission;
checking the grace period adds an extra assessment to many filings, which is an administrative burden;
the benefit is not required by statute.

The notice estimates the affected population and says that about 99.2% of the workers concerned hold H-1B status.

If the rule is finalised as proposed, a worker whose job ends early would need another basis to remain, such as a pending application that gives a period of authorised stay, a timely change of status, or departure.

Key dates

11 September 2026: proposed rule published in the Federal Register.
10 November 2026: last day to comment, before midnight Eastern time.
After the comment period: DHS reviews comments; a final rule, if any, would set its own effective date.

Separately, USCIS has updated Form I-129. Its page says that from 9 November 2026 only the 09/09/26 edition is accepted. Check the form page before filing.

What employers and workers can do now

Map exposure: list staff in E, H-1B, H-1B1, L-1, O-1 and TN status and the end dates of their petitions.
Plan exits early: if a role may end, give notice early enough to allow a new petition or a change of status before the job ends.
Watch the docket: follow docket USCIS-2026-0364 for the final rule and its effective date.
Comment if relevant: employers and workers can submit comments by 10 November 2026.

If you move people between Europe and the United States, see also our guides on ETIAS and EES for visa-free travel to Europe and on Italy's decreto flussi 2027 work permit quotas.

Want a quick first view of a relocation case? Try the Relomatrix Snapshot or read how Relomatrix works.

FAQ

What is the 60-day grace period?

A rule at 8 CFR 214.1(l)(2), in force since 17 January 2017, that lets certain workers whose job ends stay in the US for up to 60 days, or until their authorised stay ends if sooner, without being treated as out of status.

Who would lose it?

Workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN status and their dependents. DHS estimates that more than 99% of the people affected are H-1B workers.

Is the change already in force?

No. It is a proposed rule published on 11 September 2026. DHS must review the comments and publish a final rule before anything changes.

How can I comment?

On regulations.gov under docket USCIS-2026-0364. Comments must be submitted by midnight Eastern time at the end of 10 November 2026.

Does this affect the separate 10-day grace period?

The proposal targets the 60-day period in 8 CFR 214.1(l)(2). DHS notes that the 10-day period in 8 CFR 214.1(l)(1) applies after the validity period ends, so it does not help a worker whose job ends earlier.

Sources

Accessed on 3 November 2026.

General information, not legal advice. Check your case with USCIS or a qualified US immigration attorney.