By: Ann Massey Badmus August 14, 2026

The 60-Day Work Visa “Grace Period” Could Be Eliminated: What It Means If You Lose Your Job

What is the 60-day grace period?

The 60-day grace period is a safety window for certain work visa holders whose employment ends before their authorized stay expires.

For example, imagine that your H-1B approval and I-94 are valid for another eight months, but your employer lays you off in August. Under the current rule, you may be able to remain in the United States for up to 60 days after your employment ends, or until your I-94 expires, whichever comes first.

Your I-94 is the arrival record issued by U.S. Customs and Border Protection. It usually shows the date through which you are allowed to stay in the United States.

During the current grace period, you may have time to:

Look for another employer;
Pursue a new job in the same visa category;
Have a new employer file an immigration petition;
Apply to change to another status;
Explore a green card strategy;
Make travel and departure arrangements; or
Discuss other options with an immigration attorney.

The grace period was created by a DHS regulation in 2016 and took effect in early 2017. The rule was intended to reduce the harsh immigration consequences of an unexpected job loss.

You can read the 2016 Federal Register rule and the current USCIS guidance on options after employment termination.

Who could be affected?

The proposed change could affect workers in these visa categories:

E-1 treaty traders;
E-2 treaty investors;
E-3 certain Australian professionals;
H-1B specialty occupation workers;
H-1B1 workers from Chile and Singapore;
L-1 intracompany transferees;
O-1 individuals with extraordinary ability or achievement; and
TN professionals from Canada and Mexico.

The proposal could also affect the dependents of these workers. For example, an H-1B worker’s H-4 spouse and children could face related immigration concerns if the principal worker’s employment ends.

This is especially important for people facing an H-1B layoff, but the possible change is broader than H-1B cases. If you hold one of the listed visa types, you should understand how a work visa termination could affect you and your family.

What would change if DHS eliminates the grace period?

If the proposed rule becomes final, an eligible worker could lose their immigration status when their employment ends instead of receiving up to 60 days to respond.

That could mean you would generally need to:

Leave the United States promptly;
Find an option that allows you to remain lawfully in the country; or
Ask USCIS to excuse the gap in status, if that option is available in your situation.

Without the grace period, you may not have time to change employers from inside the United States. You may also be unable to file a change-of-status application before your current status ends.

In practical terms, a worker who loses a job on Monday could no longer assume that they have two months to find a solution. The timing could become much tighter.

The exact consequences will not be known until DHS publishes the proposed rule’s full text. The proposal could include details, exceptions, or transition provisions that are not yet public.

Does this mean the grace period is already gone?

No. Nothing changes for workers today.

The proposed rule is still being reviewed by OMB. It has not yet been published in the Federal Register, and there is no final rule or effective date.

The expected process is:

OMB completes its review.
DHS publishes the proposal in the Federal Register.
The public receives approximately 30 to 60 days to submit comments.
DHS reviews the comments.
DHS decides whether to issue a final rule.
If DHS finalizes the rule, it will announce an effective date.

This process typically takes several months or longer, and a proposal is not guaranteed to become final.

Until a final rule takes effect, the current grace period generally continues to apply. Under the current rule, the period lasts for the shorter of 60 days or the end of your I-94 validity period. It is generally available once during each authorized petition validity period, and DHS retains discretion to shorten or deny it in an individual case.

What should you do if you recently lost your job?

If you have already experienced a work visa termination, do not assume that the proposal changes your situation today. However, you should act quickly because the current grace period is limited.

Consider taking these steps:

Confirm your last day of employment. The timing of the grace period can depend on when your employment and pay actually end.
Check your I-94 expiration date. You may have fewer than 60 days if your authorized stay expires sooner.
Ask whether your employer properly reported the termination.
Speak with an immigration attorney promptly. An attorney can review whether a new employer petition, change of status, extension, or another option may be available.
Keep copies of your immigration and employment records. These may include approval notices, pay statements, termination letters, your I-94, and prior immigration filings.
Do not continue working without authorization. A pending job search does not automatically give you permission to work for a new employer.

You may have options, but those options can depend on the exact visa category, the reason employment ended, your immigration history, your I-94 date, and the timing of any new filing.

What should employers do?

Employers should also pay attention to this proposed change. A shorter transition period could affect recruitment, layoffs, mergers, reorganizations, and employee retention.

If the rule moves forward, employers may need to:

Review immigration timelines before terminating a sponsored worker;
Communicate quickly with affected employees;
Coordinate with immigration counsel before a work visa termination;
Consider whether a new petition or transfer may be possible; and
Prepare employees for the possibility that they may need to leave the country sooner.

Employers can review Badmus & Associates’ immigration resources for employers and contact immigration counsel for guidance specific to their workforce.

What is the bigger picture?

The 60-day grace period has been an important cushion for workers and employers since 2017. It recognizes that job searches, immigration filings, and international travel cannot always happen immediately.

Eliminating that cushion could make a lost job on a work visa much more disruptive. Workers might have less time to find a new employer, families could face sudden travel decisions, and businesses could have more difficulty retaining highly skilled employees during periods of change.

Still, it is important not to panic. This is a proposed rule: not a current requirement. We will continue to monitor the proposal, the Federal Register publication, the public comment period, and any final decision from DHS.

What should you do next?

If you hold an H-1B, H-1B1, L-1, O-1, TN, E-1, E-2, or E-3 visa: or if you are the dependent of someone who does: now is a good time to understand your options before an emergency occurs.

You should consider speaking with an immigration attorney if:

You have been laid off or expect a termination;
Your employer is restructuring or reducing staff;
You are considering changing employers;
Your I-94 will expire soon;
You are planning to file for a green card; or
You want to understand how the proposed rule could affect your family.

Badmus & Associates serves individuals, families, and businesses throughout Texas and nationwide. Visit our immigration resources or contact our team through our website to discuss your circumstances.

This article is for general information and is not legal advice. Immigration rules and proposed regulations can change, and the right strategy depends on your individual facts. Do not wait until the last day of a grace period to seek advice.

Stay informed, and we will keep you updated as DHS takes the next steps. 📢

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