H-1B 60-Day Grace Period: The Rules and the 2026 Proposal to End It
By Sumit Patel · Last updated October 18, 2026
The H1B grace period lets you stay in the U.S. for up to 60 days after your H-1B job ends, or until your I-94 expires if sooner, so you can find a new sponsor, change status or leave. On September 11, 2026, DHS proposed removing it; the 60-day rule still applies until a final rule takes effect.
Status of the proposal (checked October 18, 2026)
Proposed rule FR Doc. 2026-18631, published September 11, 2026. Comments due November 10, 2026 on regulations.gov, docket USCIS-2026-0364. Not final, no effective date. The current grace period is still in force.
Is the H-1B 60-day grace period being eliminated?
DHS has proposed it, but nothing has changed yet. The proposal would delete the grace period in 8 CFR 214.1(l)(2) for E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers and their dependents, according to the Federal Register notice.
If it became final as proposed, workers would have to leave as soon as the job ends unless something else lets them stay, such as a petition or application already filed. A final rule could still change after the comments are reviewed, and it would take effect only on the date it states.
Few people use the full range of options today. Of 328,758 workers in these categories who lost or changed jobs from FY2021 to FY2025, 5.77% had a new employer file a petition during the grace period, 1.70% filed to change or extend status, 0.59% filed for a green card and under 0.1% asked for a compelling circumstances work permit, DHS reported in the same notice.
What does the H-1B grace period rule say today?
You keep your status for a limited time after your job ends. The rule in 8 CFR 214.1(l)(2) sets four limits:
- Length: up to 60 consecutive days, or until your authorized stay (I-94) ends, whichever is shorter.
- Frequency: once during each authorized validity period, so days used between earlier jobs count.
- Discretion: DHS may shorten or refuse it in an individual case.
- Who: the worker and their dependents, such as an H-4 spouse and children.
Work out your own end date with the H-1B grace period calculator.
What can I do during the grace period?
You can take one of these steps before the period ends. You cannot work until a new filing authorizes it.
| Option | How | Work allowed? |
|---|---|---|
| New H-1B employer | The employer files Form I-129 before the period ends | Yes, from the filing date, under portability |
| Change of status | For example to H-4, F-1 or B-2, on Form I-539 | Only if the new status allows it |
| Green card filing | Form I-485, if your priority date is current | After the work permit is approved |
| Compelling circumstances work permit | Form I-765; narrow, needs an approved I-140 | After approval |
| Leave the U.S. | Depart before the period ends | Not applicable |
Step-by-step layoff guidance, including what to ask your employer: laid off on H-1B. If a transfer is later denied: H-1B transfer denied.
What happens if I stay after the grace period ends?
Without a pending filing or a new status, you begin to accrue unlawful presence the next day. Under INA 212(a)(9)(B), leaving after more than 180 days of unlawful presence bars you from returning for 3 years, and after more than one year for 10 years.
Filings must reach USCIS before the period ends; a package still in the mail does not count. Travel abroad ends the grace period, and you need a valid visa and a new basis to return: see re-entry after a layoff.
Frequently asked questions
How long is the H-1B grace period?
Up to 60 consecutive days after your H-1B employment ends, or until your I-94 expires if that is sooner. It is available once per authorized validity period, and USCIS can shorten or refuse it.
Is the H-1B 60-day grace period being eliminated?
It has been proposed, not decided. DHS published a proposed rule on September 11, 2026 to remove it, with comments due November 10, 2026. Until a final rule takes effect, the current 60-day rule applies.
Can I work during the H-1B grace period?
No. The grace period keeps you in status while you act, but it does not authorize work. You can start a new H-1B job once a new employer properly files a petition for you, under H-1B portability.
Does the grace period apply to H-4 dependents?
Yes. The rule covers the principal worker and their dependents, so an H-4 spouse and children can stay during the same period.
What happens if I stay after the grace period ends?
Without a new filing or status, you start to accrue unlawful presence. Leaving after more than 180 days of it triggers a 3-year bar on returning, and after more than a year a 10-year bar.
Sources
- 8 CFR 214.1(l)(2): the grace period rule.
- DHS proposed rule, FR Doc. 2026-18631 (September 11, 2026): the proposal and the FY2021-FY2025 job-loss figures.
- Docket USCIS-2026-0364: comments and any final rule.
Sumit Patel
SMIEEE · FBCS · FIETE | 16+ years data engineering | 30+ peer-reviewed papers
Sumit built H1BVisaJobs.com on DOL LCA disclosure data. The rules on this page are quoted from the regulations and USCIS guidance listed under Sources. This is general information, not legal or tax advice: for your own case, consult a licensed immigration attorney or tax professional.