EB-3 Government Policy Impact 2026: USCIS Proposes Canceling H1B 60-Day Grace Period

USCIS has announced a proposal to cancel the 60-day discretionary grace period currently available to H-1B visa holders who lose their jobs. Under the existing rule, H-1B workers have up to 60 days after employment termination to find a new sponsor or make alternative immigration arrangements without immediately falling out of status. The proposed rule change would eliminate this buffer period, potentially forcing H-1B holders to leave the United States or change status almost immediately upon job loss. This is particularly significant given ongoing layoffs in tech and other sectors that heavily rely on H-1B workers. For EB-3 applicants currently on H-1B status, this change carries direct implications. Many employment-based green card seekers maintain H-1B status while waiting for priority dates to become current — a process that can take years. Losing the grace period means less time to find an alternative employer willing to continue sponsoring both the H-1B and the pending EB-3 petition. A public comment period of 50 days has been opened, giving individuals and organizations an opportunity to formally oppose the cancellation. Comments can be submitted via the official regulations.gov link. Immigration advocates are urging affected individuals to participate in the comment process, as robust public opposition can influence the final rulemaking outcome. EB-3 applicants and H-1B holders are strongly encouraged to consult with an immigration attorney and to submit a comment at https://www.regulations.gov/commenton/USCIS-2026-0364-0001 before the comment deadline expires.