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.
- OIRA review is the internal step before a proposed rule is published. The text is not public yet.
- Nothing is in effect. No date has been set.
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 is at the very first stage.
- 1
OIRA review (we are here)
CurrentInternal White House review at OIRA. The rule text is not public. This is the step before a proposed rule is ever published.
- 2
Proposed rule published in the Federal Register
PendingIf it clears OIRA, the proposed rule is published and the text becomes public for the first time.
- 3
Public comment period
PendingTypically 30–60 days. Anyone — including you — can submit a comment on the record at regulations.gov.
- 4
Final rule with an effective date
PendingOnly after DHS reviews the comments would a final rule be issued, and only then would an effective date exist.
Each stage takes weeks to months. There is no fast path from here to a rule taking effect. Stage 1 alone (OIRA review) is generally expected to conclude within 90 days under Executive Order 12866 and can be extended — so it often runs from a few weeks to several months. A rule can also be withdrawn or sit at OIRA without ever clearing. The 90-day figure is a target, not a guarantee that it will advance.
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. It is a proposed rule under internal review. It has not been published or finalized.
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. Verify against 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 it is properly filed. 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 comment when the period opens
Public comments are a real, built-in part of the rulemaking process — not a formality. If and when the proposed rule is published, a comment period (typically 30–60 days) opens and anyone can submit a comment on the official record.
Comments are posted publicly at regulations.gov, and DHS must consider them before issuing any final rule. This page will link the docket the day it opens.
Update log
August 25, 2026
Re-checked against OIRA. Stage: Proposed Rule. Status: Pending Review. The rule has not been published in the Federal Register, no comment period has opened, and the current up-to-60-day grace period under 8 CFR 214.1(l) is 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. A proposed rule to eliminate it is under internal White House (OIRA) review. It has not been published, opened for comment, or 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.
When would this take effect?+
No date exists. A proposed rule must first be published in the Federal Register, go through a public comment period (typically 30–60 days), and then be reviewed before any final rule with an effective date could be issued. Each stage takes weeks to months.
How long does OIRA review take?+
There is no fixed timeline. Under Executive Order 12866, OIRA review is generally expected to conclude within 90 days and can be extended, so reviews often run anywhere from a few weeks to several months. A rule can also be withdrawn or sit at OIRA without ever clearing. The 90-day figure is a target, not a guarantee that the rule will advance.
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?+
Check the Federal Register and regulations.gov for any published rule or open comment period, and reginfo.gov for the rule's status at OIRA. When in doubt, confirm with USCIS or a licensed immigration attorney rather than screenshots on social media.
