A proposal would end the grace period for certain temporary workers and their families. It has not taken effect.
An unexpected layoff can leave someone working in the United States on an H-1B specialty occupation visa or another employment-based status worried about living expenses and anxious to find a new job. Immigration adds another concern. When a person's stay depends on a job, losing that job raises the question of whether they can remain in the country. If a spouse and children live here as dependents, their ability to stay is also at stake.
Finding another job takes interviews. Even after an offer, the new employer needs time to prepare immigration paperwork. Being able to remain in the United States during that process makes it easier to return to work. The current grace period of up to 60 days can help in this situation, but the Department of Homeland Security has proposed eliminating it.
The current rule provides time to prepare after employment ends
"Current regulations provide eligible workers and their dependents with a discretionary grace period of up to 60 days after employment ends."
If the grace period is recognized, the worker is not immediately treated as having failed to maintain status solely because the employment ended. That time may be used to find a new employer, prepare to change to another status for which the worker qualifies, or arrange departure if there is no way to remain. The grace period does not resolve unrelated status violations.
It covers certain classifications, including H-1B and some statuses for treaty trade and investment, intracompany transfers, and work based on extraordinary ability, as well as accompanying dependent spouses and unmarried children under 21. It does not cover every work visa. DHS may shorten or deny the period after considering the person's circumstances, so being in an eligible classification does not guarantee two months.
The approved validity period of the current status also matters. The limit is 60 days or the end of that validity period, whichever comes first. If only 20 days remain when employment ends, the maximum available period is 20 days. A separate departure grace period on the I-94 arrival and departure record does not extend the 60-day grace period to that later date. The dates on approval documents must therefore be compared with the admission record.
Weekends and holidays count toward the 60 days. The grace period is available once during each authorized validity period; losing another job within the same period does not automatically start a fresh 60 days. If a new employer's petition is approved with a new validity period, eligibility for a grace period during that new period may be considered. Even when the grace period is recognized, it does not permit work without separate employment authorization.
DHS says employment-based status should end when the employment ends
"The proposal published in the Federal Register on September 11, 2026, would eliminate the 60-day grace period, but it is not a final rule."
DHS takes the position that status granted for employment should remain tied to that employment. It also cites the administrative burden of determining eligibility for the grace period and establishing the actual employment end date.
If the proposal takes effect as written, DHS's position is that a covered worker whose employment ends during the approved validity period would generally have to leave that day unless another basis authorizes the worker to remain lawfully in the United States. Beginning the following day, the worker would be treated as having failed to maintain that employment-based status. The relevant date is the actual end of employment, not the date notice is given.
If an employer suddenly says, "Today is your last day," and ends the employment that day, obtaining airline tickets and leaving with a family the same day may be practically difficult. Yet the proposal does not provide a general departure preparation period for such sudden layoffs. Workers could lose not only time to find another job, but also time to wind up their housing arrangements and family life here.
A spouse and children staying as the worker's dependents would generally face the same departure obligation. A family member with independent status or another lawful basis to remain may be in a different position, so each person's basis for staying needs to be examined.
DHS is accepting comments through November 10. No final effective date has been set, and the existing grace-period regulation remains in place. Someone who has already been laid off should take the necessary steps within the time available under current regulations rather than wait for the proposal's outcome.
A new job offer does not determine when work may begin
"An eligible H-1B worker may begin work on the later of the proper filing date of the new petition or its requested employment start date."
A job offer during the grace period can be a relief. Before setting a start date, however, the worker still needs to check how far the immigration process for the change of employer has progressed. An offer alone does not authorize work. If the company is preparing documents or has only sent materials to its lawyer, the petition may not yet have been filed.
H-1B rules allow workers who meet certain conditions to begin working before a new employer's petition is approved. The worker must have been lawfully admitted or granted H-1B status, and a nonfrivolous petition for new employment requesting an amendment or extension of stay must be filed within the authorized period of stay. The worker must also have avoided unauthorized employment between the most recent admission and the filing of the new petition.
Even if those conditions are met, a requested start date later than the filing date controls when work can begin. If the new petition is denied, employment authorization based on that filing ends. These are H-1B rules; they cannot simply be applied to other employment-based statuses. The first day of work should match the date on which work is actually authorized.
If finding another job is difficult, a worker may consider eligibility for a different status. The intended purpose and eligibility requirements of that status must be met, and approval is discretionary. Visitor status does not permit employment, and filing a change-of-status application does not authorize work. Any assessment of options for remaining should also consider whether the proposed status allows employment.
Calculate the remaining time from the actual employment end date
"The notice date and the date of the final paycheck are not necessarily the actual employment end date."
If a company gives advance notice that employment will end at the end of next month, the notice date differs from the termination date. The same distinction matters for pay. If the last paycheck arrives later, check the period it covers. Receiving severance later does not by itself establish that employment continued until that payment.
Comparing the notice, termination confirmation, and pay statements can reveal whether the dates match. If the last day worked differs from the company's stated end date and the documents do not explain why, obtaining written confirmation of the actual termination date can help. Those records can later explain the date when USCIS considers the grace period in adjudicating a new petition or change-of-status application.
Someone who files a timely, nonfrivolous extension or change-of-status request, has maintained status up to filing, and has not worked without authorization before or after filing may qualify for protection against accruing unlawful presence while the request is pending. When the requirements are met, that protection continues during the pending period even after the 60 days have passed. It does not mean that the new status or employment authorization has been granted.
Requests generally must be filed on time while status is maintained. If a deadline has passed, a discretionary late-filing exception may be considered under strict requirements, including extraordinary circumstances beyond the person's control. It is difficult to justify delaying a filing in anticipation of that exception. Alongside the worker's new-employer process, any extension or change-of-status requests needed for a spouse or children should also be considered.
Closing thoughts
A worker who did not expect a layoff may find it difficult to secure another job and complete immigration paperwork immediately. If the grace period disappears, even someone with realistic prospects for reemployment may be unable to remain here while waiting for a hiring decision.
Someone laid off now can still prepare under the current grace-period regulation. Confirming the actual employment end date and the worker's and family's immigration deadlines helps establish how much time is available for a new-employer petition or another status application. If there is no basis to remain, departure must also be arranged within the available time. Waiting for the proposal's final outcome should not mean losing the time that is available today.
Frequently Asked Questions
Q. Can everyone stay in the United States for 60 days after a layoff?
This is a discretionary grace period for certain employment-based statuses and their dependents. The limit is 60 days or the end of the current status's approved validity period, whichever is earlier, and DHS may shorten or deny it. The elimination proposal published in the Federal Register on September 11, 2026, is still only a proposal.
Q. Can I start work as soon as a new company offers me a job?
A job offer alone does not authorize work. An eligible H-1B worker may begin on the later of the proper filing date of the new petition or the requested employment start date. This rule should not be assumed to apply to other employment-based statuses.
Q. Should I count the grace period from the date my final paycheck arrives?
The payment date must be distinguished from the actual employment end date. Compare the notice, termination records, and the periods covered by pay statements; if the dates are unclear, obtain evidence establishing the actual end date. A later severance payment alone does not establish continued employment.
Disclaimer: This column provides general information and is not legal advice for a particular case. Individual immigration matters should be discussed with a qualified immigration attorney.
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