You got the layoff call on a Friday. Your H-1B visa is tied to that employer. Your I-94 expires with the job. Can you still stay in the US to find a new sponsor? The 60-day grace period has been your safety net for years. Now it may be gone.
On September 10, 2026, the Trump administration proposed waiving the grace period for H-1B visa holders after job loss. Reuters and Bloomberg Law reported the DHS proposal. It would hit H-1B, H-1B1, E-3 and other non-immigrant workers. The core question is simple: does losing a job now mean losing visa status immediately?
💡 Frequently Asked Questions (FAQ)
- Q: What happens to H-1B visa holders after a layoff under the new proposal?
- A: The DHS proposal would remove the 60-day grace period, meaning visa status could end immediately upon job loss, requiring departure or change of status without the current safety net.
- Q: Does the 60-day grace period still apply to H-1B in 2026?
- A: It currently applies, but the Sept 10, 2026 Trump administration proposal seeks to waive it for H-1B, H-1B1, E-3 and other non-immigrant workers after job loss.
- Q: Which visas are affected by the grace period waiver proposal?
- A: The proposal targets H-1B, H-1B1, E-3 and other non-immigrant workers whose status is tied to employment.
- Q: Can H-1B workers stay in the US to find a new sponsor?
- A: Under the proposed waiver, they would likely lose status immediately after termination and would not be able to remain in the US to seek a new sponsor under the current grace period rules.