The dhs 60 days grace period remains in effect for eligible employment-based nonimmigrant workers as of August 8, 2026, even as the Department of Homeland Security moves forward with a proposal that could remove the current protection after employment ends.
The current rule gives eligible workers up to 60 consecutive calendar days after their employment ends. The period can provide valuable time to find another job, pursue an immigration filing, change status when eligible, or prepare to leave the United States.
The important point for workers today is that the existing 60-day rule has not been eliminated. A proposed change is still moving through the federal regulatory process.
Current DHS 60 Days Grace Period Status
The current regulation allows certain employment-based nonimmigrant workers to receive a discretionary grace period of up to 60 days after their employment ends.
The rule applies to several categories, including:
- H-1B
- H-1B1
- E-1
- E-2
- E-3
- L-1
- O-1
- TN
The same framework can also apply to qualifying dependents of covered workers.
The 60 days are not always available in full. The period cannot extend beyond the worker’s authorized nonimmigrant validity period.
That makes the worker’s Form I-94 especially important when calculating how much time remains.
The rule also gives DHS discretion over the grace period. In other words, workers should not treat the 60 days as an unconditional guarantee in every situation.
Why the 60-Day Grace Period Matters
Employment-based immigration status can create a serious problem when a worker suddenly loses a job.
An H-1B worker, for example, normally relies on qualifying employment to maintain H-1B status. A sudden termination can therefore affect both employment and immigration status.
The grace period provides a transition window.
During that time, an eligible worker can explore another qualifying position and work with a new employer on the required immigration filing.
A worker may also have other immigration options depending on individual circumstances.
The protection therefore does more than give someone additional time to search for a job. It can help prevent an immediate immigration crisis following an unexpected employment termination.
What Happens When an H-1B Job Ends?
When an eligible H-1B worker’s employment ends, the current rules may provide up to 60 days of grace time.
The period generally begins after employment cessation. USCIS guidance explains that the relevant termination date generally relates to the final day for which the worker receives wages or salary.
The worker should establish the exact termination date rather than simply counting 60 days from the date a company announces a layoff.
This distinction can matter when an employer provides severance, paid notice or other compensation arrangements.
Workers should also review their immigration documents and obtain professional advice when the dates or circumstances are unclear.
The 60 Days Do Not Automatically Give Work Authorization
One of the most important points about the rule is that the grace period does not itself create unrestricted permission to work.
An eligible worker can remain protected under the applicable immigration framework during the grace period, but that does not mean the person can simply begin working for any U.S. employer.
H-1B workers have separate portability rules.
When a new employer properly files a qualifying H-1B petition, an eligible worker may be able to begin working under the H-1B portability provisions without waiting for the petition to receive final approval.
The worker and new employer must satisfy the applicable requirements.
That is different from saying that the 60-day period itself provides employment authorization.
Can H-1B Workers Find a New Employer During the 60 Days?
Yes.
Finding a new qualifying employer is one of the principal reasons the employment-termination grace period exists.
An H-1B worker who loses employment can use the available time to search for another qualifying position.
Once a new employer is prepared to sponsor the worker, the employer can take the required immigration steps.
The worker’s ability to start the new position depends on the applicable H-1B portability requirements.
This process can be particularly important for professionals affected by layoffs because the immigration system does not require every worker to leave the United States immediately after an employment termination.
Does the Rule Apply Only to Layoffs?
No.
The current framework can apply after both voluntary and involuntary employment cessation.
That means the provision is not limited to workers who receive a company layoff notice.
An eligible employee who resigns can also potentially fall within the rule.
The circumstances surrounding the employment termination still matter, and DHS retains discretion concerning the grace period.
Workers should therefore avoid assuming that every employment separation automatically produces an identical 60-day period.
Is the Full 60 Days Guaranteed?
No.
The regulation provides up to 60 days, rather than an unconditional 60-day entitlement in every case.
There are two major limitations.
First, DHS has discretion regarding the grace period.
Second, the grace period cannot continue beyond the worker’s authorized nonimmigrant validity period.
For example, a worker whose authorized stay expires before the 60-day maximum cannot simply use the full 60 days beyond that expiration date.
This is why checking the Form I-94 and other immigration records is essential.
How Often Can the Grace Period Be Used?
The rule provides for the maximum grace period once during each authorized employer petition validity period.
That means the provision does not operate as a single lifetime 60-day benefit.
An individual’s eligibility depends on the relevant immigration and petition history.
This distinction can become important for workers who experience more than one employment transition over time.
Can Someone Stay Beyond 60 Days?
The end of the grace period does not necessarily mean that every worker must leave the United States immediately.
USCIS has explained that certain timely filed, nonfrivolous immigration applications or petitions can provide a basis for remaining in the United States beyond the initial grace period.
Possible options can include:
- A change of nonimmigrant status
- Adjustment of status
- A qualifying employment-based petition
- Certain other immigration benefits available to an eligible applicant
The specific option depends on the person’s circumstances.
A worker should not assume that filing any application automatically extends lawful stay. The filing must qualify under the applicable immigration rules.
What If an H-1B Worker Cannot Find a Job in 60 Days?
An H-1B worker who cannot secure another position within the available period may need to examine other lawful immigration options.
USCIS has previously identified several possibilities for unemployed employment-based nonimmigrants.
Depending on eligibility, a person could seek a different immigration classification or prepare for departure.
The important point is that the 60-day period is not necessarily the only immigration timeline available.
However, workers should act before their existing authorized stay expires.
Waiting until the final day can create unnecessary complications, particularly if an application or petition requires preparation, employer cooperation or supporting documentation.
What DHS Is Proposing in 2026
The major development surrounding the current rule is a DHS proposal that would eliminate the existing employment-termination grace period.
The proposal is identified as RIN 1615-AD22.
It has moved to review by the White House Office of Information and Regulatory Affairs, or OIRA.
That step is significant because it indicates that DHS is advancing the proposal through the federal regulatory process.
It does not, however, mean that the proposed change is already law.
The current 60-day regulation remains in effect while the proposal goes through the required process.
The Proposed Change Is Not Yet a Final Rule
This distinction is critical for anyone searching for the latest H-1B information.
A regulatory proposal is not the same thing as an effective final regulation.
The federal rulemaking process involves multiple stages. A proposal must go through the applicable review and publication process before DHS can issue a final rule.
The final text can also differ from an initial proposal.
Therefore, workers should not act as though the current 60-day protection has already disappeared.
As of August 8, 2026, that would be incorrect.
What the Potential Change Could Mean for H-1B Workers
If DHS ultimately removes the current employment-termination grace period, the process following an H-1B job loss could become significantly different.
Today, an eligible worker can have up to 60 days to search for qualifying employment or pursue another immigration option.
Without that protection, the transition after employment termination could become much more time-sensitive.
However, the final impact cannot be stated as a current fact because DHS has not yet implemented the proposed change.
The existing rules remain the ones that govern workers today.
Why the Proposal Matters to U.S. Employers
The issue also matters to American companies that employ foreign professionals.
Employers often need time to complete immigration procedures when hiring H-1B workers.
The current grace period can make it possible for an affected worker to remain in the United States while looking for another qualifying position.
If the regulatory framework changes, employers and workers could face different timing requirements after an employment relationship ends.
For now, companies must continue following the rules currently in force.
Other Visa Categories Covered by the Current Rule
The current employment-termination grace period is not exclusive to H-1B workers.
It also covers several other employment-based nonimmigrant classifications.
These include E-1 treaty traders, E-2 treaty investors, E-3 Australian specialty occupation workers, H-1B1 workers, L-1 intracompany transferees, O-1 individuals with extraordinary ability or achievement, and TN professionals.
The exact immigration rights and employment rules differ among these categories.
Therefore, workers should not assume that a provision applicable to an H-1B worker automatically applies in exactly the same way to another visa category.
The 60-Day Rule Should Not Be Confused With F-1 Grace Periods
The term “60-day grace period” can also refer to other immigration situations.
For example, eligible F-1 students can receive a 60-day period after completing their program or authorized practical training.
That is a separate provision.
The employment-termination rule discussed here concerns certain employment-based nonimmigrant classifications, including H-1B workers.
Understanding this distinction is important because different immigration categories have different rules, deadlines and employment restrictions.
What H-1B Workers Should Check After a Job Loss
A worker facing employment termination should immediately establish several key facts.
These include:
- The final date of employment
- The final date of compensation
- The Form I-94 expiration date
- The validity period of the existing H-1B petition
- Whether a new employer is available
- Whether an H-1B portability filing is possible
- Whether another immigration status may be available
- Whether departure from the United States is required
Keeping track of these dates can prevent avoidable immigration problems.
The 60-day period should be treated as a limited transition window rather than as unlimited time.
What Workers Should Know About the Current Proposal
The most important message is that the proposed elimination has not yet changed the current rule.
A worker who loses an eligible job on August 8, 2026, should not assume that the grace period has already been abolished.
At the same time, people should not ignore the regulatory development.
The proposal could change the rules in the future if DHS completes the required process and issues an effective final regulation.
Until that happens, the existing framework remains applicable.
DHS 60 Days Grace Period: Current Status at a Glance
| Issue | Current status |
|---|---|
| 60-day employment grace period | Still in effect |
| H-1B workers | Covered, subject to eligibility |
| Maximum period | Up to 60 calendar days |
| Applies after involuntary termination | Yes |
| Applies after voluntary termination | Can apply |
| Automatic work authorization | No |
| H-1B portability | Separate rules apply |
| DHS proposal to remove protection | Under regulatory review |
| Final elimination rule | Not currently effective |
What Happens Next
The next important development will be the formal progression of the DHS proposal through the federal rulemaking process.
Until a final rule becomes effective, the existing regulation remains the applicable standard.
That means H-1B workers and other covered nonimmigrants should continue to evaluate their situations under the current rules.
Anyone facing an actual employment termination should also pay close attention to the exact dates on their immigration documents.
The difference between a proposal and an effective regulation matters greatly in immigration law.
Bottom Line
The dhs 60 days grace period remains available to eligible employment-based nonimmigrant workers as of August 8, 2026. The rule provides up to 60 days after employment ends, subject to the worker’s authorized stay and DHS discretion.
H-1B workers remain covered by the current framework, and the grace period can provide valuable time to seek another qualifying employer or pursue an available immigration option.
The major change under discussion is DHS’s proposal to eliminate the employment-termination grace period. That proposal has entered the federal regulatory process, but it has not yet become an effective final rule.
For now, workers should follow the rules currently in force and avoid treating proposed immigration changes as completed changes.
The 60-day protection remains in place for now, making the status of the DHS proposal an important development for H-1B workers and U.S. employers to watch.