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Ending the H-1B 60-Day Grace Period Draws More Than 31,000 Comments
The public comment window on a Trump administration plan to end the H-1B 60-day grace period closed on November 10, with more than 31,000 submissions. Telangana Today reported the count rose from about 27,000 on November 2 to 30,382 early Tuesday. The Economic Times put the total at 31,383 in its headline. The numbers show how many workers see the grace period as the last cushion between a layoff and a forced departure. Here, our EB1A consultants have dived into this important news and discussed what such a gargantuan response could mean for the end of the policy.
What the proposal would do
On September 11, 2026, the Department of Homeland Security (DHS) published a proposed rule to delete 8 CFR 214.1(l)(2). The provision lets workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN status, and their dependents, stay up to 60 days after a job ends, or until their authorized validity period ends sooner. A worker gets only one grace period per validity period.
The rule is younger than many assume. DHS created it in a 2016 final rule effective January 17, 2017. Before that, workers generally had to leave immediately when employment ended. Time notes that under the new plan some workers would be treated as immediately removable. Status would end the day after employment ends, and workers would have to depart unless otherwise authorized to stay. The proposal is docketed as USCIS-2026-0364 (91 FR 57807).
DHS’s reasoning
DHS says the change restores the link between status and the job that justified it. It argues the grace period is not required by statute and “disconnects” status from the employment that is its basis. It also cites paperwork. DHS says assessing the grace period is “time consuming and complex for the agency.”
DHS counted more than 1.9 million petitions and applications, from October 2017 through May 20, 2026, on which USCIS might have had to assess the grace period. It also says employment end dates are hard to verify, since some workers can document termination only with payroll records that do not show a last day.
DHS acknowledges it is reversing course. It says it weighed reliance interests, including workers who bought homes and paid taxes, and concluded the benefits of ending the grace period outweigh them. It rejected shortening the period and tightening evidence rules, saying neither would meet its goals.
The human cost, in DHS’s own numbers
The agency’s cost analysis is thin. DHS “did not estimate” monetized costs or benefits. It conducted a qualitative assessment and recognizes some workers may lose income if they need extra time to job-hunt and return to the U.S. It says some workers may receive Notices to Appear, with hearing costs of $204.43 to $300.53 per person. A subset of 3,795 workers may lose income, and H-1B and O-1 employers stay liable for return transportation when a dismissed worker departs.
Bloomberg Law adds the wider scale: DHS estimates a yearly average of 65,752 covered workers experienced job loss or changed employers between 2021 and 2025. The Dallas Express notes DHS gave no estimate of Texas jobs gained or lost.
The critics of the policy
Stuart Anderson of the National Foundation for American Policy, writing in Forbes, called the rationale thin. He says DHS offers no evidence that the current grace period is unlawful, and gives only a vague reason for reducing administrative burden. He also challenges the claim of complexity: USCIS’s own website describes a straightforward way to determine when the period starts, the day after employment ends.
Reddy Neumann Brown, an immigration law firm, flagged open questions. The firm noted that H-1B portability remains in the program despite the change, and that a return to the old 10-day grace period would not cover all affected workers.
The stakes are especially high for Indian professionals. Telangana Today reports Indians account for roughly 70 percent of approved H-1B petitions.
What comes next
Nothing changes yet. The current grace period stays in effect until a final rule is published and takes effect. DHS must review the comments before deciding whether to issue a final rule, which would specify its effective date. A legal challenge is possible, but attorneys quoted by Forbes say this rule may be harder to block than other administration measures.
A companion proposal is still open. A separate DHS rule to end deference to prior USCIS approvals in extension cases takes comments until November 13, 2026.
What workers can do now
Workers should keep job-loss plans realistic. A layoff is still covered by the 60-day rule today, so workers who lose a job should consult an immigration attorney promptly about next steps.
At GCEB1, our EB-1A experts are staying tuned to all the latest developments in the US immigration landscape. Get in touch with us for personalized mentorship into merit based immigration. We wish you a safe and stress free immigration journey ahead.
Frequently Asked Questions
1. What is the H-1B 60-day grace period?
It lets certain workers stay up to 60 days after a job ends without violating status, or until their validity period ends if sooner (U.S. DHS 2026).
2. Which visas are covered?
E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers and their dependents (U.S. DHS 2026).
3. What does DHS propose?
Removing 8 CFR 214.1(l)(2), so status would end the day after employment ends (U.S. DHS 2026).
4. Is the grace period gone already?
No. It remains in effect until a final rule is published and takes effect (Yellow Law 2026).
5. When did comments close?
November 10, 2026, at midnight Eastern (U.S. DHS 2026).
6. How many comments were filed?
Over 31,000, according to Telangana Today and the Economic Times headline (Telangana Today 2026).
7. Why does DHS want to end it?
It cites statutory alignment and reduced administrative burden (U.S. DHS 2026).
8. What are the risks for workers?
DHS acknowledges lost income, possible Notices to Appear and relocation costs (U.S. DHS 2026).
9. Could the rule be challenged?
Possibly, though attorneys quoted by Forbes say it may be harder to block than other measures (Anderson 2026).
Sources & further readings
- Anderson, Stuart. “DHS Proposes Immigration Rule to End 60-Day H-1B Grace Period.” Forbes, September 11, 2026.
- Anderson, Stuart. “DHS Proposes Immigration Rule to End 60-Day H-1B Grace Period.” Commentary. Cato Institute, 2026.
- Bloomberg Law. “H-1B Worker Grace Period After Layoff Nixed in DHS Proposal.” Daily Labor Report, September 2026.
- Dallas Express. “DHS Targets 60-Day H-1B Grace Period. Can Texas Firms Replace U.S. Workers With Visa Holders?” Yahoo News, November 2026.
- Economic Times. “US H-1B Grace Period Proposal Draws 31,383 Comments as Job Loss Concerns Grow.” NRI section.
- Higher Ed Dive. “DHS Proposes End to 60-Day H-1B Grace Period, Calling It a ‘Burden.’” September 2026.
- Telangana Today. “H-1B Grace Period Plan Draws 31,000 Comments.” November 2026.
- Time. “Trump Administration Proposes Cutting Grace Period for H-1B and Other Visas.” September 11, 2026.
- U.S. Department of Homeland Security. “Eliminating the Discretionary 60-Day Grace Period.” Notice of proposed rulemaking. 91 Fed. Reg. 57807 (September 11, 2026). DHS Docket No. USCIS-2026-0364; RIN 1615-AD22.
- Yellow Law. “Laid Off on an H-1B? The 60-Day Grace Period, Your Options and the 2026 Proposal to End It.” Accessed November 11, 2026.
