US Moves to End H-1B 60-Day Grace Period as White House Clears DHS Rule
The White House has cleared a Department of Homeland Security (DHS) proposal to eliminate the discretionary 60-day grace period for H-1B and other nonimmigrant workers. The rule, titled “Eliminating the Discretionary 60-day Grace Period” (RIN 1615-AD22), was submitted to the Office of Information and Regulatory Affairs on August 6, 2026, and completed review around August 27-28.
Currently, eligible workers whose jobs end can stay in the US for up to 60 days (or until their I-94 expires, whichever is shorter) to find a new employer, change status, or depart. If finalized, this buffer would end, requiring immediate departure or status change upon job loss.
Key details at a glance:
Aspect | Current Status | Proposed Change |
|---|---|---|
Grace Period | Up to 60 days after job loss | Eliminated |
Affected Visas | H-1B, L-1, O-1, TN, E categories + dependents | Same categories |
Rule Status | Still in effect | Proposal only (not final) |
Next Step | — | Federal Register publication + public comment |
The proposal has not been published and remains subject to public comment before any final rule. The existing grace period continues to apply for now.
This development is closely watched by Indian professionals, who form a large share of H-1B holders. admissionbuddy will continue monitoring updates for students and professionals planning US careers.
