The public comment period closed on Tuesday 10 November on a US government proposal to abolish the 60-day grace period that lets laid-off foreign workers stay in the country while they look for a new sponsor. But it is important to be clear: this is a proposal, not a final rule. The grace period still exists today.
What the proposal would change
The grace period — a single provision, 8 CFR 214.1(l)(2), in effect since January 2017 — gives workers up to 60 days after losing a job to find a new employer or make other arrangements. The Department of Homeland Security’s proposal would delete it outright.
The change would reach workers and their dependents in eight visa classifications: E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN. Under the proposal, they would have to leave the country on the day their employment ends unless otherwise authorised to stay.
Where the rule stands now
The proposal was published in the Federal Register on 11 September 2026 (91 Fed. Reg. 57807, Docket USCIS-2026-0364). No date has been set for a final rule or for when any change would take effect.
Until a final rule takes effect, the current regulation stands — anyone laid off today still has the grace period. The next public step is a final rule, after DHS and US Citizenship and Immigration Services answer the significant arguments in the comment record and the proposal goes to the White House for review.
A wider immigration crackdown
The repeal proposal lands alongside a separate DHS proposal to end deference to prior approvals on H-1B extensions, whose comment period also closes this week. Together, the two proposals signal a tougher environment for skilled foreign workers in the United States — but for now, the 60-day grace period remains the law.
For more on this week’s US news, read how the Bills beat the Vikings 23-6 on Monday Night Football and the Giants’ 19-11 win over the Eagles.
Bhudev Bhagaliya is an experienced and senior journalist who has carved a distinct niche for himself in the world of Hindi journalism through his profound understanding and precise writing style. With over two decades of experience in the field of journalism, he has held key responsibilities at Dainik Hindustan for 12 years and at Amar Ujala for one year. Currently, he serves as the Content Editor for the Jagrook Youth News newspaper and portal, where he plays a crucial role in ensuring the quality and credibility of the news content. Bhudev Bhagaliya consistently writes about issues that help raise awareness within society and among the younger generation.