Job-marketFree
H-1B 60-day grace period plan draws 31,000+ comments; rule is not final yet
Public comments on the US Department of Homeland Security's proposal to eliminate the up-to-60-day grace period after a job ends closed on 10 November 2026. IANS reported 31,383 posted comments by Tuesday night, up from about 27,000 on 2 November. The proposed rule was published on 11 September 2026 (docket USCIS-2026-0364). It is not final: the current grace period still applies until DHS publishes a final rule with an effective date.
Why it matters for job seekers: Today, a laid-off worker can stay in status for up to 60 days (or until their I-94 ends, if sooner) to find a new sponsor, change status or leave. If the rule is finalized as proposed, status would generally end with the job and workers would be expected to depart unless otherwise authorized to stay.
Who is affected: H-1B, H-1B1, E-1, E-2, E-3, L-1, O-1 and TN workers and their dependents, a large share of them Indian professionals in US tech, finance and healthcare.
What to do now:
- Keep your documents current and at hand: I-797 approval, latest I-94, recent pay stubs. Know the exact date your authorized stay ends.
- Keep your resume ready and a short list of employers that sponsor in your field now, not after a layoff notice.
- If your employer is cutting jobs, speak to an immigration attorney early about your options; timing matters more if the grace period goes.
- Watch the Federal Register docket for a final rule. Headlines saying the grace period "has ended" are wrong until that is published.
On 12 November 2026 the free Drivetube sponsorship tracker showed 3,453 US openings whose listing confirms visa sponsorship, each linking to the employer's own careers page.
Source: Federal Register, proposed rule, The Sentinel / IANS