🚨 Could the H-1B 60-Day Grace Period Really Be Eliminated?

Many people have probably seen this news circulating over the past few days.

Let’s start with the most important point:

Yes, there is a proposal—but it is still only a proposed rule and has NOT officially taken effect yet!

That said, it may be a good idea to start preparing a concurrent H-1B as a potential backup option.

Under the current rules, most people are familiar with the 60-day grace period:

If you are laid off from your H-1B job or leave your employer, you generally have up to 60 days to:

👉 Look for a new job

👉 File an H-1B transfer

👉 Change to another immigration status

👉 Make arrangements to leave the United States

But the new rule proposed by DHS would eliminate this 60-day buffer period.

And it wouldn’t affect only H-1B holders.

It could also affect certain holders of:

• L-1

• O-1

• TN

• E visas

• Certain dependent statuses

• 
  

‼️ Under the logic of the current proposal, if your employment ends, status-related issues could potentially arise starting the very next day.

So the real problem isn’t simply losing 60 days.

You may no longer have enough time to:

❌ Slowly search for a new offer

❌ Wait for the new employer to complete its internal process

❌ Prepare the LCA

❌ Get an H-1B transfer petition ready

👉 When could this actually take effect?

Realistically, if the proposal continues moving forward, actual implementation is more likely to happen toward the end of 2026 or even in 2027.

‼️ If the 60-day grace period is eventually eliminated, how should H-1B workers prepare in advance?

① File the H-1B transfer earlier

If there is no longer a 60-day grace period, a safer strategy may be to file the new employer’s H-1B petition while you are still employed by your current employer, whenever possible.

The good news is that H-1B portability itself has not been eliminated by this proposal.

② A Concurrent H-1B could become even more useful

In simple terms, a concurrent H-1B allows you to have two genuine H-1B employers at the same time.

For example:

Company A = primary full-time jobCompany B = part-time H-1B employment

If Company A suddenly lays you off, as long as the H-1B employment with Company B remains valid and ongoing, the loss of Company A’s job would not necessarily mean that your entire H-1B status automatically disappears.

⚠️ Of course, a concurrent H-1B must involve real employment, real wages, and a genuine employer-employee relationship.

③ Have a Plan B ready

For example:

👉 H-4 / L-2 / F-2 or other dependent statuses, if eligible

👉 F-1

👉 Other qualifying employment-based statuses

👉 If you are already eligible to file I-485, consider filing for Adjustment of Status (AOS) in a timely manner

👉 Other potential remedies that may be available in specific circumstances

💡 The key point:

This does NOT mean everyone needs to change status in advance.

The important thing is to know what options you have before an unexpected job loss happens.

If the 60-day grace period is eventually eliminated, people who have already thought through their backup options may have a much easier time responding quickly.

📌 This is a proposed rule—not current law. Always check the latest USCIS/DHS guidance before taking action.

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