What Is a Grace Period?

A grace period is a limited amount of extra time that allows a person to remain in the United States after a change in circumstances that would otherwise affect their immigration status.

For certain employment-based nonimmigrants, the current 60-day grace period can apply when employment ends before the person’s authorized stay expires. During this period, the person is not considered to have failed to maintain status solely because the job ended.

This time may allow the worker to find a new employer, prepare a filing for another immigration status, or make arrangements to leave the United States.

The grace period does not automatically authorize a person to work for a new employer. The worker must still meet the requirements of the new visa category and follow the correct filing process.

How Does the Current 60-Day Grace Period Work?

Under the current rule, an eligible worker may receive up to 60 consecutive days after employment ends, or until the end of the authorized validity period, whichever comes first.

For example, a worker whose authorized stay has only 25 days remaining would not receive a full 60 days. The shorter period applies.

The rule is also discretionary. USCIS may decide, based on the person’s circumstances, to shorten or eliminate the period. It is therefore helpful to act promptly rather than assuming that a full 60 days will always be available.

Is the 10-Day Grace Period Also Being Eliminated?

No. DHS’s proposal targets the separate 60-day grace period that applies when employment ends before the approved employment period expires.

A different rule may provide up to 10 additional days at the beginning or end of an approved employment period for certain categories. For example, a person who completes an entire approved H-1B employment period may have up to 10 days to prepare to depart after that period ends.

The 10-day period does not replace the 60-day grace period after an early job loss. A worker who is terminated during the first year of a three-year approval cannot rely on the end-of-validity 10-day period simply because the approval notice has time remaining.

Workers should also not add 10 days to the date shown on their Form I-94 without reviewing their individual status documents. The Form I-94 is the admission record that shows the period during which a person is authorized to remain in the United States. The additional 10 days also do not, by themselves, authorize employment.

What Would Change if DHS Eliminates the 60-Day Grace Period?

If the proposed rule takes effect as written, a worker whose employment ends would no longer have the existing 60-day protection.

A person without another valid basis to remain in the United States would be considered to have failed to maintain status beginning the day after their employment ends. DHS’s position is that the person should depart unless they are otherwise authorized to remain in the country.

This would create a much more urgent situation for workers and employers. A new employer, another immigration option, or a departure plan may need to be addressed before employment ends whenever possible.

The proposal does not mean that a person would automatically be deported on the day employment ends. However, the absence of immediate removal proceedings does not mean that the person remains in valid status.

Does Loss of Status Automatically Mean Unlawful Presence?

No. Losing immigration status and accruing unlawful presence are related issues, but they are not the same thing.

A job loss does not automatically mean that every person immediately begins accruing unlawful presence. The answer depends on the person’s Form I-94, immigration history, applications, and other facts.

Generally, a three-year reentry bar may arise when a person has accrued more than 180 days of unlawful presence and then departs the United States. A ten-year reentry bar may arise after at least one year of unlawful presence followed by departure.

These consequences can be serious, but they are not automatic simply because someone loses a job. Each situation should be reviewed carefully.

Could a Worker Still Have Other Options?

A worker may have options depending on the facts of the case. These may include a filing through a new employer, a change to another immigration status, or applying from outside the United States.

Finding a new job alone does not resolve the immigration issue. The employer must be eligible to sponsor the worker where sponsorship is required, the filing must meet the relevant rules, and timing matters.

In limited extraordinary circumstances, USCIS may exercise discretion to accept a late extension or change-of-status filing. This is not a replacement for the grace period, and it is not guaranteed. The reasons for the delay and the supporting evidence matter.

Can DHS Change the Grace Period Without a New Law?

The 60-day grace period is not a period written directly into a statute by Congress. DHS created it through a federal regulation.

For that reason, DHS may propose to change or remove the regulation if it acts within the authority Congress has given the agency and follows the required rulemaking process. Congress does not need to pass a separate new law before DHS can amend this regulation.

DHS cannot make the change simply by issuing an announcement. It must publish the proposal, allow the public to respond, review significant comments, and then decide whether to issue a final rule, revise the proposal, or withdraw it.

What Is the Public Comment Period and When Is the Effective Date?

DHS opened the public comment period when it published the proposal on September 11, 2026. During this period, workers, employers, attorneys, industry groups, and other members of the public may submit comments about the proposal.

The deadline to submit comments is November 10, 2026. Comments may be submitted through the official submission page.

There is currently no effective date for the proposed change. The proposal may be finalized, revised, withdrawn, or challenged in court. Unless and until a final rule takes effect, the current 60-day grace period remains available under the existing regulation.

What Should Workers and Employers Do Now?

Workers should understand their Form I-94 expiration date, the status of their current petition or approval notice, and the options that may be available if employment changes.

Employers should include immigration timing in termination, resignation, transfer, and workforce-reduction planning. They should also consider the effect on spouses and children who hold dependent status through the employee.

Akalan Law can help workers and employers evaluate their immigration options before a potential employment change and plan necessary filings in a timely manner.

This article is for general informational purposes only. Each person’s immigration options depend on their status, admission record, employment circumstances, and filing history.