The H-1B 60-day grace period has not been eliminated yet.
But DHS has submitted a proposed rule titled “Eliminating the Discretionary 60-day Grace Period” for White House review.
If finalized, the rule could make layoffs much more dangerous for H-1B workers and other employment-based visa holders.
The biggest hidden problem is immigrant intent.
Many H-1B workers are already pursuing green cards. If they lose their job and the 60-day grace period disappears, they may be pushed toward temporary fallback options, such as B-2 visitor status or F-1 student status, that can be harder to justify when they already have long-term plans to immigrate.
The current 60-day grace period gives foreign workers time to recover from job loss.
It may allow time to:
Find a new employer
File an H-1B transfer
Change status
Move to dependent status
Protect a pending green card strategy
Leave the United States in an orderly way
If DHS eliminates this grace period, job loss could become an immediate immigration emergency.
The 60-day grace period is a rule that protects certain foreign workers after employment ends.
Under current regulations, workers in covered categories may be treated as maintaining status for up to 60 consecutive days after job loss, or until their I-94 expires, whichever comes first.
The rule appears at 8 CFR 214.1(l)(2).
The current rule covers workers and dependents in:
H-1B
H-1B1
L-1
O-1
TN
E-1
E-2
E-3
This means the proposal is not only an H-1B issue.
It could affect professionals, executives, managers, investors, treaty traders, extraordinary ability workers, Canadian and Mexican professionals, and their families.
No.
As of now, the 60-day grace period remains in effect.
DHS has submitted the proposed rule to the Office of Information and Regulatory Affairs under RIN 1615-AD22. The title is “Eliminating the Discretionary 60-day Grace Period.”
That means the rule is under review.
It does not mean it is already final.
The normal rulemaking process usually includes:
White House review
Publication of the proposed rule
Public comment period
DHS review of comments
Final rule
Effective date
Workers should not panic as if the rule ended today.
But they should plan as if the government is serious.
A layoff is already stressful.
For an H-1B worker, it can also threaten lawful status.
Without the grace period, a worker may have very little time to:
Secure a new job offer
Get sponsorship approved
File a Labor Condition Application
Prepare an H-1B transfer
Protect a spouse or child’s dependent status
Decide whether to change status
Decide whether to leave the United States
Real hiring does not happen overnight.
Immigration filing does not happen overnight either.
That is why the 60-day grace period matters.
This is the deeper issue.
Many H-1B workers are not ordinary temporary visitors.
They may have:
An approved I-140
A pending PERM labor certification
A priority date
A pending adjustment strategy
Years of lawful work history in the United States
U.S.-citizen children
A home, career, and long-term life in America
H-1B allows dual intent.
That means an H-1B worker can legally hold temporary H-1B status while also pursuing a green card.
But many fallback options do not work the same way.
Some laid-off H-1B workers consider changing to B-2 visitor status.
That may be possible in some cases.
But B-2 is a visitor category.
A B-2 applicant generally must show temporary intent.
That can be difficult if the worker has:
An approved I-140
A long-term green card plan
A U.S. home
U.S.-citizen children
A spouse working in the United States
A history showing a clear plan to remain permanently
This does not mean B-2 is impossible.
It means the case must be prepared carefully.
The government may ask a simple question:
If you intend to live permanently in the United States, why are you asking for visitor status?
That is the immigrant intent problem.
Some workers consider returning to school.
F-1 status may be a real option for some people.
But F-1 requires a genuine academic purpose.
It also raises temporary intent issues.
A weak F-1 strategy can create problems if it looks like the person enrolled mainly to stay in the United States after a layoff.
Extra caution is needed with:
Day 1 CPT
Questionable schools
Programs unrelated to the worker’s career
Last-minute enrollment
Prior green card history
Prior immigrant petitions
F-1 may be useful in the right case.
It should not be treated as a simple emergency shelter.
An approved I-140 is valuable.
It may help preserve a priority date.
It may support future H-1B extensions beyond six years.
It may show progress toward permanent residence.
But it does not by itself keep someone in H-1B status after job loss.
A worker can have an approved I-140 and still need a valid nonimmigrant status, a pending adjustment application, a new employer filing, or another lawful strategy.
This is often the cleanest case.
The strategy may be:
Confirm the termination date
Confirm I-94 expiration
Have the new employer file the LCA quickly
Prepare the H-1B transfer
File before the safe period expires
If H-1B portability applies, the worker may be able to begin working after the new petition is properly filed.
This is the danger zone.
Possible options may include:
B-2 change of status
Dependent status through a spouse
F-1 if there is a real academic plan
Departure and consular processing
Marriage-based adjustment if eligible
Employment-based adjustment if eligible
The right answer depends on the worker’s full history.
This worker may have strong long-term immigration equities.
But immigrant intent may make B-2 or F-1 more complicated.
The strategy should focus on:
Fast H-1B transfer if possible
Preserving priority date
Reviewing AC21 or adjustment options
Avoiding status gaps
Avoiding rushed filings that create misrepresentation concerns
A marriage green card may be an option.
But timing matters.
Questions include:
Is the marriage bona fide?
Did the worker maintain lawful status?
Was there unauthorized employment?
Is adjustment of status available?
Is travel risky?
Should the case be filed immediately?
The 60-day grace period can provide time to prepare a stronger filing.
Without it, families may feel forced to rush.
Do not guess.
Identify:
Last day worked
Last day on payroll
Severance period
Final pay date
Employer withdrawal date
I-94 expiration date
The I-94 is critical.
If the I-94 expires before 60 days, the worker may not receive the full 60 days.
Gather:
Passport
Visa stamp
I-94
H-1B approval notice
Pay stubs
W-2s
Termination letter
Severance agreement
PERM records
I-140 approval
I-485 receipt, if any
EAD or advance parole, if any
Spouse and child immigration records
If a new employer may sponsor, speed matters.
The new employer should begin:
Immigration review
Sponsorship approval
LCA filing
Petition preparation
Premium processing review if appropriate
Possible bridge options include:
B-1/B-2 change of status
H-4 dependent status
L-2 dependent status
E dependent status
F-1 student status
Marriage-based adjustment
Employment-based adjustment
Departure and consular strategy
Each option has risks.
Immigrant intent must be reviewed before choosing B-2 or F-1.
Do not assume:
You automatically get 60 full days
You can work during the grace period
A job interview protects your status
A verbal offer is enough
B-2 is always safe
F-1 is always safe
An approved I-140 protects your current status
Leaving the United States is always safer
HR understands your immigration deadline
Employers should prepare before layoffs happen.
HR teams should:
Identify sponsored workers
Review H-1B, L-1, O-1, TN, E-1, E-2, E-3 and H-1B1 employees
Identify employees with pending green card cases
Coordinate with immigration counsel before terminations
Create a faster sponsorship approval process
Give workers accurate termination documents
Avoid giving casual immigration advice
Prepare for urgent H-1B transfer hiring
If the rule changes, employers that move quickly will have a recruiting advantage.
Employers that move slowly may lose talent.
The 60-day grace period supports labor mobility.
It helps foreign workers move from one U.S. employer to another instead of leaving the country after a layoff.
It protects:
Technology companies
Hospitals
Universities
Startups
Manufacturers
Engineering firms
Research labs
AI companies
Smaller employers competing for global talent
Eliminating the grace period could make foreign professionals more cautious.
They may avoid startups.
They may stay trapped with one employer.
They may leave the United States after layoffs.
They may choose Canada, Europe, Australia, the United Kingdom, or India instead.
That hurts workers.
It also hurts American employers.
No.
The current rule remains in effect unless DHS finalizes a new rule.
DHS has submitted a proposed rule titled “Eliminating the Discretionary 60-day Grace Period” for White House review.
Workers and dependents in H-1B, H-1B1, L-1, O-1, TN, E-1, E-2 and E-3 status could be affected, depending on the final rule.
No.
The grace period itself does not authorize work.
A worker may be able to work after a properly filed H-1B transfer if portability rules apply.
Possibly.
But B-2 is a visitor status. Immigrant intent can be a serious issue, especially if the worker has an approved I-140 or long-term green card plan.
Possibly.
But the student plan must be real, credible, and consistent with the worker’s history. F-1 is not a simple emergency fix.
No.
An approved I-140 may help with future immigration strategy, but it does not keep the worker in H-1B status after employment ends.
Sometimes yes.
Sometimes no.
Departure may avoid certain status problems, but it may create visa stamping, reentry, and consular risks.
Prepare now.
Download your I-94, gather documents, review your green card stage, speak with immigration counsel, and identify backup options before termination.
The proposal to eliminate the H-1B 60-day grace period is frightening because it could remove the short window workers use to recover from job loss.
But the deeper issue is immigrant intent.
Many H-1B workers have followed the rules, built careers, pursued green cards, paid taxes, raised families, and created long-term lives in the United States.
If they lose their jobs, they may not fit neatly into visitor or student categories anymore.
They are not tourists.
They are not casual temporary visitors.
They are workers whom the U.S. economy invited to build roots, but whom the immigration system may still leave short of permanent residence.
For now, the 60-day grace period remains in place.
But workers and employers should not wait.
If you are in H-1B, L-1, O-1, TN, E-1, E-2, E-3 or H-1B1 status and you have lost your job, expect a layoff, or have a pending green card case, speak with an experienced immigration lawyer before choosing a bridge strategy.
Herman Legal Group has helped foreign workers, families, professionals, entrepreneurs, and employers navigate complex immigration problems for more than 30 years.
If you are in H-1B, L-1, O-1, TN, E-1, E-2, E-3, or H-1B1 status and you have lost your job, expect a layoff, or have a pending green card case, do not wait until your options narrow.
A layoff can affect:
Your lawful status
Your spouse or children’s status
Your I-140 or green card strategy
Your ability to transfer to a new employer
Whether B-2, F-1, dependent status, or adjustment of status is safe
Herman Legal Group has helped foreign workers, families, professionals, entrepreneurs, and employers navigate complex immigration problems for more than 30 years.
Schedule a consultation: Book Your Consultation
Contact the firm: Contact Herman Legal Group
Call: +1-216-696-6170
Toll-free: 1-800-808-4013
Office: Herman Legal Group, LLC, 408 West Saint Clair Avenue, Suite 230, Cleveland, OH 44113
Before you file a change of status, leave the United States, start a new job, or assume the 60-day grace period protects you, speak with an experienced immigration lawyer about your deadline, immigrant intent risks, and safest path forward.
If your H-1B was denied, your first goal is not simply to “fight USCIS.” Your first goal is to protect your current immigration position and avoid making a bad situation worse.
Not all H-1B denials are the same. The consequences depend on exactly what USCIS denied.
Get the full denial notice
Do not rely on a short summary from HR or a recruiter.
Review your I-94
Your current admission record may be one of the most important documents in the analysis.
Identify what USCIS denied
A petition denial, extension denial, and change-of-status denial do not mean the same thing.
Stop guessing about work authorization
Continuing to work without clarity can make the situation worse.
Best when: the denial can be fixed with stronger evidence.
Watch out for: repeating the same weaknesses.
Best when: USCIS likely made a factual or legal error.
Watch out for: delay if you also have urgent status concerns.
Best when: another employer is ready to act quickly.
Watch out for: portability and timing complications.
Best when: preserving lawful presence is the priority.
Watch out for: choosing the wrong backup plan.
The real issue in many H-1B denial cases is not just whether the denial was unfair. The real issue is what happens to your immigration status now.
Do not guess about your status. A fast and informed review can make the difference between preserving options and losing them.
Get the full denial notice, review your I-94 and approval history, stop assuming you can keep working, and quickly evaluate whether refiling, appealing, moving to a new employer, or changing strategy is the strongest next step.
Not always. The answer depends on what USCIS denied, your I-94 validity, your prior approval history, whether you were relying on portability, and whether another lawful basis to remain still exists.
If USCIS made a factual or legal mistake, a motion or appeal may make sense. If the problem was weak or inconsistent evidence, a stronger refile may be the better strategy.
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Below are trusted, official government resources to help readers better understand H-1B visa requirements, denials, appeals, motions, and status-protection options.
