Tonight at midnight Eastern, the public comment period will close on the proposal to eliminate the 60-day grace period. I've written about the proposals before us right now, and how the grace period works before, but I’d like to touch on how consequential this rule could be using actual data.
What DHS is proposing
Right now, if you're on H-1B, H-1B1, E-1, E-2, E-3, L-1, O-1 or TN and your job ends (whether unexpectedly or by choice), you can get up to 60 days (or until your I-94 ends, if that's sooner) to find a new employer, change status or plan your exit. That grace period has existed since January 2017. DHS's proposal, published September 11, 2026, would remove it completely, for workers and for their spouses and children. In DHS's own words, status would "definitively cease" and the person "should immediately depart the United States." You could apply to come back later, once you find a new qualifying job... but you'd be doing it from outside the country.
Impact of the 60-day Grace Period
By DHS’s own admission, an average of 65,752 high-skilled workers, 99% of whom are H-1B professionals, utilized the 60-day grace period annually between 2021 and 2025 to transition after sudden job losses. Within the 60-day window, an average of 3,795 displaced workers (5.77%) successfully secured new employer petitions, while others maintained status by shifting to student, visitor, or green card tracks. By preventing immediate deportations, the grace period saves an average of $21,877 in household income per worker, protecting not only the professionals themselves but also the spouses and children who would otherwise lose legal status on day one.
Eliminating this safety net would trigger massive economic disruptions, inflicting between $121.5 million and $762.1 million in net economic costs each year due to sudden talent drains and lost productivity.
What should give you pause
When an agency proposes a rule, it usually estimates what it will cost and what it will save. For this one, DHS's own accounting table lists both the costs and the benefits as "Not Estimated."
Meanwhile, DHS says it reviewed more than 1.9 million petitions and applications since FY 2018 where officers had to consider whether a grace period applied. So the change is large, it touches families, and the official cost to those families is… blank? That's exactly the kind of gap a flood of public comments can, and should, point out.
Why your comment actually matters
A comment isn't a vote, but it isn't nothing either. The agency has to consider the comments it receives before it can finalize a rule, and the ones that carry the most weight are specific: what happened to you or someone you know after a layoff? What 60 days made possible? What losing it would cost your family, your employer or your community? Real stories and real numbers.
I know that many of you believe that commenting is a waste of time under this administration, and that is understandable, but I urge you to look at the proposal to end Duration of Status for F-1 Students. Specifically, U.S. District Judge F. Dennis Saylor IV issued a nationwide preliminary injunction halting the Department of Homeland Security's (DHS) fixed-term F-1 student visa rule after finding that DHS violated the Administrative Procedure Act (APA) by failing to meaningfully address the nearly 22,000 public comments submitted during the public comment period.
How to comment before midnight
Go to the comment page for "Eliminating the Discretionary 60-Day Grace Period." Click Comment, write in your own words, and submit before midnight Eastern tonight. Comments are posted publicly, so think about how much personal detail you include, and you can always share your experience without your name, your employer or your case details. If regulations.gov isn't working, DHS lists (240) 721-3000 for alternate instructions.
TLDR
DHS wants to eliminate the 60-day grace period for H-1B, L-1, O-1, E, TN and H-1B1 workers and their families.
DHS’ own data shows an average of 65,752 workers a year lose or change jobs, 99% of them on H-1B.
DHS lists the cost of this change as "Not Estimated”, which is strange given the weight of the proposal, and the amount of data readily available.
It's still a proposal, not a final rule, and the grace period still applies today. Comments close tonight, November 10, before midnight Eastern. Please go comment.
This post is for general information only and is not legal advice. For guidance on your specific situation, please consult a licensed immigration attorney.
You can always email me directly at info@inhousecore.com if there is something you believe I should address.
