New Rule Proposed to Eliminate Grace Period for H-1B

11 September 2026

On Friday, September 11, DHS published a proposed rule in the Federal Register that seeks to eliminate the 60-day grace period currently available if employment is terminated early for those in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN nonimmigrant status and their dependents. With such an elimination, nonimmigrant workers and their families would be left with little time to adjust and make plans due to unexpected job loss.

Read the proposed rule here in the Federal Register. Comments can be submitted through the eRulemaking Portal using Docket No. USCIS-2026-0364. The comment period is 60 days with submissions accepted on or before midnight eastern time on November 10, 2026.