Current status (September 24, 2026): The proposed rule to eliminate the 60-day grace period (RIN 1615-AD22, Federal Register document number 2026-18631) was published on September 11, 2026, and public comments are open until November 10, 2026 (Federal Register text). It is only a proposed rule and has not taken effect: anyone laid off today still gets the current grace period of up to 60 days.
This page tracks RIN 1615-AD22 and nothing else. The number stays the same from White House review through the proposed rule and on to the final rule. We covered how the current grace period is calculated and which day it starts in this article and this case study. Here we only record how far this rule has gotten and what the text says.
What will this rule change?
The proposed rule's official title is "Eliminating the Discretionary 60-Day Grace Period." The text says:
- 8 CFR 214.1(l)(2) is deleted entirely. Not shortened: eliminated. It covers eight statuses, E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN, plus their spouses and children (H-4, L-2 and others who depend on the principal).
- When the job ends, you have to leave. In the text's words, once these workers stop the employment their status is based on, they should depart the United States "immediately," unless they have another lawful basis to stay.
- Middle-ground options were considered and rejected. The text says DHS considered ending the grace period for only some statuses, shortening the 60 days, or raising the proof requirements, and adopted none of them, on the grounds that these options neither fit the intent of the law nor reduce the adjudication burden.
- The 10 days before and after stay. Paragraph (l)(1) of the same section, the buffer of 10 days before the validity period begins and 10 days after it ends, is kept in the proposed text.
- Eligibility for the compelling circumstances EAD changes too: the sentence in 8 CFR 204.5(p)(1)(i) that refers to the grace period is deleted, so applicants for this EAD will no longer be able to rely on the grace period to count as "still in status."
The text also gives some numbers: from fiscal years 2021 to 2025, an average of about 65,752 principal workers in these eight statuses left their jobs or changed employers each year, and 99% of them were on H-1B. DHS acknowledges that once the rule is adopted, some people may receive a Notice to Appear, meaning removal proceedings are started against them.
We found no transition provision in the proposed text, meaning it does not say what happens to people who are in a grace period on the day the rule takes effect. Whether the final rule adds one will depend on later versions.
Timeline
- 2016-11-18: The high-skilled worker rule (the AC21 final rule, 81 FR 82398) created the grace period of up to 60 days, effective January 17, 2017 (Federal Register text)
- 2026-08-06: The proposed rule to eliminate the grace period was sent to the White House Office of Information and Regulatory Affairs (OIRA) for review (OIRA review record)
- 2026-08-27: OIRA review concluded, outcome "Consistent with Change" (OIRA review record)
- 2026-09-11: The proposed rule was published in the Federal Register: 91 FR 57807, document number 2026-18631, docket number USCIS-2026-0364 (Federal Register text)
- 2026-09-24: The comment period is open. regulations.gov data synced through the Federal Register shows about 23,186 comments so far (comment docket)
Which sources we checked
| Source | What we checked | Result (2026-09-24) |
|---|---|---|
| Federal Register API | All documents under RIN 1615-AD22 | 1 document: 2026-18631 (proposed rule) |
| Federal Register text | Scope, regulations changed, alternatives, transition | Deletes 8 CFR 214.1(l)(2), covers eight statuses; alternatives considered were all rejected; no transition provision found |
| Federal Register Public Inspection | Documents queued for publication today | No USCIS documents |
| reginfo.gov OIRA review | Review records | 1 record: received 8/6, concluded 8/27, Consistent with Change |
| reginfo.gov Unified Agenda | Agenda entries | None found: this number has never appeared in any Unified Agenda |
| reginfo.gov EO 12866 meetings | Whether outside groups met with OIRA | None found, 0 entries |
| regulations.gov (via Federal Register API) | Number of comments | About 23,186 (synced the evening of September 24, Eastern Time) |
| CourtListener federal court dockets | Lawsuits against this rule | None found. The proposed rule has not taken effect, and it is generally too early to sue |
How does this affect you?
You don't need to change any plans right now. The current 60 days still apply. But a few things are worth checking today.
- You're working on H-1B: check the expiration date on your I-94. The current grace period is 60 days or the time left on your status, whichever is shorter; it can be used only once per validity period; and you cannot work during it. If the rule is finalized, there will be no buffer after a layoff. Given the text's "leave when the job ends" wording, the window for changing jobs would shrink sharply, but the proposed text does not spell out by what point a new employer must file for it to count. Rely on your lawyer's advice for the specifics.
- Spouses and children on H-4, L-2 and similar: your status depends on the principal. When the principal is laid off, your grace period starts at the same time. If the rule is adopted, you will have no buffer either.
- L-1, O-1, TN, E statuses: also among the eight statuses, with the same impact as H-1B.
- F-1, OPT, J-1, H-2: not on this rule's list. This rule does not directly affect you.
- I-485 already filed, waiting for a green card: the text lists "filing an I-485" as one of the steps you can take during the grace period. If the rule is adopted, you will no longer have this window to file an I-485 after a layoff. If you have already filed, your basis for working and staying is a separate set of rules; ask a lawyer about your own case.
- If you want to comment: you can submit comments at regulations.gov before November 10. Comments must be in English and should cite docket number USCIS-2026-0364. The text says comments that cite specific sections and include data are the most useful.
What to watch next
- Comment deadline, November 10, 2026: after that, DHS has to respond to the comments before it can issue a final rule.
- Final rule sent to OIRA for review: a new review record at the "Final Rule" stage will appear on reginfo.gov. This is usually the earliest public signal before a final rule.
- Publication and effective date of the final rule: watch for any transition provision, especially how people in a grace period on the effective date are treated.
- Lawsuits: someone may sue after the final rule is published. We only report cases with a case number.
- Withdrawal or changes: the final version could also narrow the scope or be dropped. Go by the official text.
Related articles
- The 60-day grace period after an H-1B layoff may be eliminated, and spouses' clocks run too
- Which day is day one of the 60 days after an H-1B layoff? Get it wrong and you may fall out of status
- New H-1B policy looks at company layoffs: will your extension, job change or green card be affected?
- H-1B reform rule (RIN 1615-AD00) tracker
- H-1B / L-1 maximum stay calculator
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This article is for general information and is not legal advice.