Proposed: no more 60-day grace period after an H-1B layoff
In September 2026, DHS proposed eliminating the 60-day grace period that H-1B and similar workers get after a job ends, according to a Congressional Research Service summary dated October 14, 2026. It is still a proposal, so the grace period applies today. If it becomes final, a layoff could leave very little time to find a new sponsor or change status.
Other H-1B changes in the same summary:
- Weighted lottery: in effect since February 2026, favoring higher wage levels.
- $100,000 fee on new petitions for workers abroad: temporarily blocked by litigation.
- Prior approvals: DHS proposed in October 2026 to stop deferring to them on extensions, so a renewal gets a fresh review.
- H-1B spouses: automatic extensions of work authorization were eliminated, and removing eligibility altogether is under consideration.
Three moves worth making while this is only proposed
- Map your backup options now (a change of status, a spouse's status, school, or O-1), before any layoff email arrives.
- Keep your evidence file current: offer letters, pay stubs, performance reviews, publications, press. The same file supports a transfer and a self-petition.
- Find out whether you could self-petition. An NIW or EB-1A petition does not depend on any one employer, which is why people call it layoff insurance.
Check your self-petition fit free, no account needed:
https://www.f-1careers.com/explorer?utm_source=community&utm_medium=post&utm_campaign=h1b_grace_period
Source: Congressional Research Service, "H-1B Executive Actions in 2026" (IN12747), October 14, 2026.
Education and strategy, not legal advice. Talk to a licensed immigration attorney about your situation.