Is the 60-day grace period after an H-1B layoff going away?
It still applies today, but DHS has proposed ending it. Under the current rule, 8 CFR 214.1(l)(2), a worker can keep status for up to 60 days after a job ends, or until the I-94 expires if that is sooner, and may not work during that time unless otherwise authorized. DHS can already shorten or eliminate the period at its discretion. The proposal, published September 11, 2026, would remove it for E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers and their dependents, who would be out of status the day after employment ends. Comments close November 10, 2026. No final rule or effective date has been published.
Watch out
Attorneys have reported Notices to Appear issued to H-1B workers still inside the 60 days, so speak to an immigration attorney as soon as a job ends rather than treating the period as guaranteed. F-1 grace periods are a separate rule. Status as of November 1, 2026.
Informational, not legal advice. Immigration rules change and individual cases differ. Confirm anything that affects your status with your school’s DSO or an immigration attorney before acting.
More on policy changes, fall 2026
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