The 60-day grace periodA discretionary period of up to 60 consecutive days after employment ends during which certain workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN status, and their dependents, can be treated as maintaining status. It is set out in 8 CFR 214.1(l)(2).See it in the glossary gives certain workers time to sort out their status after employment ends. It is narrower than its name suggests. It treats a person as maintaining status, but it does not let them work, and it is not a guaranteed 60 days.
Status checked September 23, 2026. DHS proposed on September 11 to eliminate the provision. It is a proposed rule, and the current rule remains in effect until a Final ruleThe version of a federal regulation that an agency publishes in the Federal Register after reviewing public comments on a proposed rule. It sets an effective date, which generally falls at least 30 days after publication, and its text is added to the Code of Federal Regulations.See it in the glossary is issued.
What the rule provides
Under 8 CFR 214.1(l)(2), a worker in E-1, E-2, E-3, Cap-subject and cap-exempt (H-1B)The H-1B category has an annual limit of 65,000 new visas or statuses per fiscal year, plus 20,000 more for people with a U.S. master's degree or higher. Petitions counted toward that limit are cap-subject. Petitions from higher education institutions, their related or affiliated nonprofits, and nonprofit or governmental research organizations are cap-exempt.See it in the glossary, H-1B1, L-1, O-1 or TN status, and their dependents, may be treated as maintaining status for up to 60 consecutive days after employment ends, or until the authorized stay ends, whichever is shorter. It is available once per authorized validity period, and DHS has discretion to shorten or eliminate it.
What it protects
It protects against a status violation based only on the end of the job. Within the period, an otherwise eligible person can look for a new employer, request a Change of statusMoving from one nonimmigrant category to another without leaving the United States, such as from B-2 visitor to F-1 student. It is requested from USCIS, usually on Form I-539 or Form I-129 depending on the category, and USCIS decides in its discretion. The request generally must be filed before the current authorized stay expires, and some categories, such as K-1, cannot change status. It is different from adjustment of status, which leads to permanent residence.See it in the glossary, or arrange to leave.
What it does not protect
- Work. It does not authorize employment. A new job needs its own legal basis, such as an H-1B portability filing.
- Time beyond your authorized stay. If your I-94The Arrival/Departure Record that U.S. Customs and Border Protection creates when a nonimmigrant is admitted. It shows the class of admission and an Admit Until date, and most are now electronic and available on the CBP I-94 website. USCIS can also issue one when it approves an extension of stay or a change of status.See it in the glossary expires in 20 days, the rule does not add 40.
- Other violations. It does not cure unrelated status problems.
- Everyone’s timeline. Dependents’ own work authorization and documents still matter, and each family member should be reviewed.
Other grace periods are different
F-1 students have a separate post-completion period, generally 60 days, with a blocked DHS rule that would have cut it to 30. See our court order article. Do not assume the same rule applies to every category.
What the proposal would change
If finalized as proposed, an affected worker would generally be treated as failing to maintain status starting the day after the qualifying employment ends, unless another basis to remain exists. DHS would have to review comments and set an effective date first. Details are in our report on the proposal.
For the human side of a job loss, read what happens next after a layoff.