EB-3 Truth: DHS Move to End H-1B 60-Day Grace Period Draws 7,159 Public Comments

The Department of Homeland Security has proposed eliminating the discretionary 60-day grace period currently granted to H-1B workers following job loss (docket USCIS-2026-0364-0001). This grace period has historically provided a critical buffer for skilled workers — including many EB-3 applicants in dual intent status — to find new sponsoring employers without immediately falling out of status. Public engagement with the proposed rule has been exceptional. A community dashboard tracking all submitted comments shows 7,159 total responses to date, with a single record-breaking day seeing 1,463 new comments. Of all comments submitted, 83.1% oppose eliminating the grace period, while only 14.2% express support. For EB-3 and other employment-based immigration applicants, the grace period is especially significant. Workers awaiting green card approval are often in H-1B status and rely on the 60-day window to transition between employers — particularly when filing I-140 portability or responding to an RFE. Eliminating it would create an immediate out-of-status risk upon any job termination. The comment period remains open through November 10, 2026. Immigration attorneys and advocacy groups are encouraging all affected workers, including EB-3 applicants in H-1B status, to submit formal comments to the public docket before the deadline. Applicants currently in H-1B status with pending or approved EB-3 petitions should consult with their immigration counsel now to understand how this proposed change could affect their timelines and options for employer transitions.