Losing a sponsored job raises two immediate questions: how long you can remain in the United States, and when you may work again. Those are separate questions. A period that protects against a status violation does not automatically authorize a new job.
Status checked September 23, 2026: DHS published a proposal to eliminate the discretionary 60-day grace period on September 11. It is a proposed rule with comments due November 10, not an effective removal of the existing protection.
Who the current provision covers
8 CFR 214.1(l)(2) covers E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN classifications and their dependents. It allows up to 60 consecutive days, or the remaining authorized validity period if shorter, once per authorized validity period. DHS can shorten or eliminate the period in its discretion.
The protection concerns failure to maintain status solely because the underlying employment ended. It does not erase other violations or guarantee a full 60 days in every case. Do not count from the expiration date printed on the visa sticker without reviewing the admission and approval records.
Make a document-based deadline assessment
Collect the termination notice, recent pay records, passport, 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, approval notices and any pending-application receipts. Ask qualified immigration counsel to identify the applicable end date and whether any separate basis to remain or work applies.
For example, if only 20 days remain in the relevant authorized validity period, the regulation does not turn that into a new 60-day allowance. This illustrates the shorter-period rule; it is not a calculation for a particular worker.
Possible next steps need their own legal basis
The regulation permits an otherwise eligible person in an authorized grace period to seek an extension or 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. Whether a new employer petition, a dependent category, another application or departure is appropriate depends on the case.
A job offer alone does not authorize work. H-1B portability has category-specific conditions; workers in other categories should not assume the same filing-based start rule applies. Have the new employer establish the lawful start date before beginning services.
Check the family’s position too
Dependents are included in the grace-period provision, but each family member’s documents and any separate employment authorization still matter. Review the spouse’s status and work basis, children’s documents and planned travel together. A household should not rely on one person’s visa expiration date as the answer for everyone.
Keep immigration planning separate from negotiations about severance and benefits. Ask how the employment end date is being documented; do not assume a payment arrangement automatically extends immigration authorization.
What the proposal changes today
The September notice proposes removing the current grace-period regulation. It does not itself do so. Readers should check for a later 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 and effective date before relying on this article after its review date. See TR Immigration’s coverage of the proposal for the policy context.
Your immediate checklist
- Preserve the employment and immigration records.
- Confirm the deadline using the actual classification and validity period.
- Review every dependent’s position.
- Choose a legally available next step before the applicable deadline.
- Confirm work authorization separately from permission to remain.
A layoff is a time-sensitive event. Use this framework to organize the facts, then obtain individualized advice rather than assuming that a pending filing or a promising interview resolves the immigration issue.