What actually happened (DHS proposed rule RIN 1615-AD22)
- DHS sent a proposed rule (RIN 1615-AD22) to the White House Office of Information and Regulatory Affairs (OIRA, part of OMB) on August 6, 2026.
- On September 11, 2026 it cleared that review and was published in the Federal Registeras a notice of proposed rulemaking — document 2026-18631, docket USCIS-2026-0364 (CIS No. 2858-26). The 22-page text is public for the first time.
- A public comment period is open. Comments must be submitted on or before November 10, 2026.
- Nothing is in effect. No final rule exists and no effective date has been set. The grace period you can rely on today is exactly the one that existed last week.
What the proposed rule actually says
This is the part that was unknowable while the rule sat at OIRA. DHS states that it proposes to remove regulations at 8 CFR 214.1(l)(2) to restore its previous and long-standing policy of not providing aliens in certain nonimmigrant classifications (and their dependents) with an up to 60-day grace period upon cessation of employment prior to the expiration of the alien's authorized period of stay.
Read plainly, that means DHS wants to delete the grace-period paragraph rather than shorten it, returning to the pre-2017 position in which no automatic post-employment window existed for these classifications. It is a proposal, and DHS must respond to public comments before it can issue anything binding.
- Citation
- 91 FR 57807
- Document
- 2026-18631 (notice of proposed rulemaking)
- RIN
- 1615-AD22
- Published
- September 11, 2026
- Classifications affected
- E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, TN and their dependants
- Regulation targeted
- 8 CFR 214.1(l)(2)
- Docket
- USCIS-2026-0364 · CIS No. 2858-26
- Comments due
- November 10, 2026
- Effective date
- None — a proposed rule has no effective date
The 4 stages of a rule — where this one is
A proposed rule has to move through four stages before it can change anything. This one has cleared the first two and is now at stage 3 of 4 — the public comment period. It has not reached stage 4, so no effective date exists.
- 1
OIRA review
CompleteInternal White House review at OIRA, which DHS entered on August 6, 2026. This review concluded — a rule cannot publish until it does.
- 2
Proposed rule published in the Federal Register
CompleteDone on September 11, 2026. The full 22-page text is public for the first time as Federal Register document 2026-18631.
- 3
Public comment period (we are here)
CurrentOpen now. Comments must be submitted on or before November 10, 2026 on docket USCIS-2026-0364. Anyone — including you — can comment on the official record.
- 4
Final rule with an effective date
PendingNot reached. Only after DHS reviews the comments could a final rule be issued, and only then would an effective date exist. A proposal can also be withdrawn or substantially changed at this stage.
Stages 1 and 2 took about five weeks in total — DHS sent the rule to OIRA on August 6, 2026 and it published on September 11, 2026. Stage 3 runs until November 10, 2026. Stage 4 has no deadline at all: DHS must read and respond to the comments it receives, which for a rule of this profile routinely takes months. A proposal can also be withdrawn, or changed substantially, before any final rule issues. Nothing in the schedule creates an effective date today.
What the grace period is today
None of the following has changed. For the full explainer, see the H-1B 60-day grace period guide.
- Created by 8 CFR 214.1(l)(2) in 2016, effective January 2017.
- Covers E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, TN and their dependents.
- Runs for the shorter of 60 days or the I-94 end date.
- Available once per authorized petition validity period.
- Applies to both voluntary and involuntary job loss.
- Already discretionary: DHS can shorten or refuse it, but rarely has.
Myth vs. fact
This is the part that matters most. Misinformation is spreading faster than the rule is.
Claim
“The grace period has already been eliminated.”
Fact
False. A proposed rule to eliminate it was published on September 11, 2026, which is not the same thing. It has not been finalized, it has no effective date, and 8 CFR 214.1(l)(2) is still in force.
Claim
“It was published, so it takes effect on November 10.”
Fact
No. November 10, 2026 is the deadline to submit public comments — not an effective date. After that, DHS must review the comments and decide whether to issue a final rule, which typically takes months and may not happen at all.
Claim
“People are already getting deportation notices because of this rule.”
Fact
No reliable source supports this. Enforcement actions have other causes. This rule has produced no legal change.
Claim
“I need to leave the country immediately.”
Fact
No. Current rules apply. Talk to an immigration attorney about your own facts before making any irreversible decision.
Screenshots circulating on Blind, WhatsApp, and X have claimed this rule is already in force. It is not — publication of a proposal is a step in the process, not the end of it. Verify against the proposed rule itself on the Federal Register or a licensed immigration attorney before acting.
Who this would affect beyond H-1B
The same regulation covers L-1, O-1, TN, E-1, E-2, E-3 and their dependents — not just H-1B holders. This is not an H-1B-only issue, and any change would reach every one of those categories at once.
What changes if it is finalized
Every item below is conditional. None of this is in effect, and it would only apply if a final rule were ever issued with an effective date.
- Status could end on the last day of employment rather than 60 days later.
- The window to file a transfer or change of status would compress sharply.
- Dependents on H-4 and similar statuses would be affected at the same time.
- Job-loss timing would become far more consequential.
Alternatives to weigh if it is ever finalized
These are the paths people would look at if a final rule ever compressed the window — not steps to take today. None of this is legal advice, and eligibility is fact-specific, so each option should be confirmed with a licensed immigration attorney.
File a change of status before your last day
If the grace window shrank, timing would matter far more. Filing a change of status (for example to H-4 if a spouse holds H-1B, or to F-1) before employment ends would become more consequential. Most changes of status do not grant work authorization.
B-1/B-2 visitor status to wind down affairs
A change to B-2 can sometimes act as a short bridge to remain lawfully while you regroup or prepare to depart. It generally does not authorize work and is timing-sensitive.
H-1B transfer / portability
The strongest path today and if finalized: a new employer files a non-frivolous H-1B petition, and portability may let you begin work once USCIS receives it. A shorter window would just make filing early even more important.
Compelling Circumstances EAD
Workers with an approved I-140 who face a qualifying compelling circumstance may, in some cases, apply for a limited employment authorization document. It is discretionary and narrow — confirm eligibility with an attorney.
Depart and re-enter on a new petition
If no in-country option fits, leaving and returning on a fresh, approved petition (consular processing) protects lawful status. Re-entry depends on your stamp, petition, and facts, so get travel advice first.
Compare these in more depth on the H-1B layoff options guide and the change of status after layoff guide.
What to prepare now (preparation, not panic)
You don't need to react to a rule that isn't in effect. But these are steady, always-sensible steps for anyone on a work visa — worth doing regardless of what happens with this rule.
- 1Download your I-797s, I-94, paystubs, W-2s, and offer letter today, before any access is cut. See the full documents list on the H-1B layoff toolkit.
- 2Establish a relationship with an immigration attorney before you need one.
- 3Know your exact I-94 date, which may already be earlier than day 60.
- 4Build cash runway with the layoff runway calculator.
- 5Keep a current resume and a sponsor-friendly recruiter list ready.
- 6Subscribe below for updates to this page as the status changes.
How to submit a comment (open until November 10, 2026)
Public comments are a real, built-in part of the rulemaking process — not a formality. The comment period on this rule is open now, and anyone can submit a comment on the official record — including people on a visa, their employers, and US citizens.
Go to docket USCIS-2026-0364 on regulations.gov and use “Comment.” Written comments must be submitted on or before November 10, 2026; the electronic docket accepts them until midnight eastern time at the end of that day.
Comments are posted publicly, including anything identifying you, so share only what you are willing to have on the permanent record. A specific, first-hand account of how the change would affect a real situation carries more weight than a form letter; DHS must consider substantive comments before issuing any final rule.
Update log
September 22, 2026
Re-checked against the Federal Register and the eCFR. Stage: Proposed Rule, Published — public comment period open. No final rule, no change to the comment deadline, and 8 CFR 214.1(l)(2) unchanged.
September 12, 2026
Tracker updated to reflect publication. Stage: Proposed Rule, Published — public comment period open. Verified against Federal Register document 2026-18631.
September 11, 2026
Status changed. DHS published the proposed rule in the Federal Register (document 2026-18631, docket USCIS-2026-0364), proposing to remove 8 CFR 214.1(l)(2) outright. The public comment period is open until November 10, 2026. This is a proposal, not a final rule: the current up-to-60-day grace period remains in effect and no effective date exists.
August 25, 2026
Re-checked against OIRA. Stage: Proposed Rule. Status: Pending Review. Not yet published; no comment period; grace period unchanged.
August 8, 2026
Page published. Rule is at OIRA. No public text, no comment period, no effective date.
Frequently asked questions
Has the 60-day grace period been eliminated?+
No. The 60-day grace period is still in effect. DHS published a proposed rule to eliminate it on September 11, 2026 (RIN 1615-AD22, Federal Register document 2026-18631). A proposed rule is a request for public comment, not a change in the law. It has not been finalized and no effective date exists.
I was laid off this week — does this affect me?+
No. If you were laid off today, the current rules apply to you. The proposed rule has produced no legal change. The up-to-60-day grace period under 8 CFR 214.1(l) still governs your situation, exactly as it did before the proposal was published.
When is the deadline to comment on the proposed rule?+
Written comments must be submitted on or before November 10, 2026, on docket USCIS-2026-0364 at regulations.gov. The electronic docket accepts comments until midnight eastern time at the end of that day. Anyone may comment, and DHS must consider the comments it receives before issuing any final rule.
When would this take effect?+
No date exists. The comment period must close first, then DHS must review and respond to the comments, and only then could a final rule with an effective date be issued. For a rule of this profile that review routinely takes months. DHS may also withdraw the proposal or change it substantially in response to comments.
Does this affect L-1, O-1, and TN too?+
Yes. The same regulation — 8 CFR 214.1(l) — covers E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN status and their dependents. This is not an H-1B-only issue.
Should I leave the US now?+
No — not because of this proposed rule. Current rules apply. Talk to a licensed immigration attorney about your specific facts before making any irreversible decision such as leaving the country.
Where can I verify this myself?+
Read Federal Register document 2026-18631, published September 11, 2026, and docket USCIS-2026-0364 on regulations.gov, where the comment period and every submitted comment are public. Both are linked in the sources below. When in doubt, confirm with USCIS or a licensed immigration attorney rather than screenshots on social media.
