H-1B grace period: DHS wants to end the 60 days, and what to do with them while they last

Since January 2017, a federal regulation (8 CFR 214.1(l)(2)) lets certain workers stay in the United States after their employment ends without being treated as out of status. It covers H-1B, H-1B1, E-1, E-2, E-3, L-1, O-1 and TN workers, and their dependents.

• How long: up to 60 days, or until the end of your authorized stay (your I-94), whichever comes first.
• How often: once per authorized validity period.
• Why you left does not matter: it applies after a layoff, a firing or a resignation.
• It is discretionary: USCIS can shorten or refuse it when it decides your next application. Immigration lawyers report that refusals have become more common in recent months.

During those days, the Federal Register lists four ways to stay longer: a new employer files a nonfrivolous petition for you (Form I-129), you apply to change status (Form I-539), you file for a green card (Form I-485), or you apply for a compelling circumstances work permit (Form I-765). With H-1B portability, you can start working for a new H-1B employer as soon as its petition is filed, without waiting for approval.

On September 11, 2026, DHS published a proposed rule titled ‘Eliminating the Discretionary 60-Day Grace Period’ (docket USCIS-2026-0364). It would delete the regulation above. DHS says it wants to restore a direct link between a worker's status and the job behind it, and to reduce administrative work.

The rule text itself notes that people who fall out of status can face removal proceedings, which start with a Notice to Appear. The comment period drew more than 27,000 comments by November 2, the most of the three work visa proposals closing this month.

1. November 10, 2026: comments close at midnight Eastern time on regulations.gov, docket USCIS-2026-0364.
2. Next: DHS has to read and answer the significant comments before it can publish a final rule. For rules of this scope, that often takes months.
3. Final rule: it would set an effective date. Until then, the 60-day grace period applies as it does today. Lawsuits against a final rule are possible.

Sixty days is short for a job search that also needs an employer willing to file a petition. A new employer has to do paperwork before you start, so the offer has to come early. If the grace period disappears, the same search would have to happen before your last day. Either way, the steps are the same, and they work better when they start early.

1. Day 1 to 3: get your documents in order. Your I-94, your last pay stubs, your current approval notice, and the exact date your job ended. A new employer and their lawyer will ask for all of them.
2. Day 1 to 7: update your resume. Lead with results and the skills named in the job postings you target. Do not list visa status, nationality or date of birth: they are not expected on a US resume. Say ‘requires H-1B transfer’ in your application or first call instead, where it helps the recruiter plan.
3. Week 1 and 2: aim at employers that already sponsor. Companies that filed H-1B petitions before know the process. Ask early in the conversation whether the role can support a transfer, so you do not lose two weeks on one that cannot.
4. Every week: track each application. Log the date, the contact and the next step. With a fixed deadline, a follow-up that slips by a week costs a lot.
5. Before interviews: prepare your answer on why you are looking. ‘My role was part of a reduction in force in October, and I'm looking for a team where I can keep building payment systems’ is enough.

For the summary at the top of your resume, our guide to resume summary examples has lines you can adapt. To check how a recruiter's software reads it, use the AI resume checker. And for the first interview question, see how to answer tell me about yourself.

This page explains a rule; it is not legal advice. For your own deadline, options and risks, talk to an immigration attorney, especially if you have a pending green card application.