USCIS Processing Times Update 2026: Agency Proposes Eliminating 60-Day H-1B Grace Period

The U.S. Citizenship and Immigration Services (USCIS) has published a proposed rule in the Federal Register seeking to eliminate the discretionary 60-day grace period currently afforded to H-1B visa holders and workers on other nonimmigrant employment-based visas following termination of employment. The proposal was submitted for public inspection and is open for written comment during a designated review period. Under current policy, workers on H-1B and similar statuses who lose or leave their jobs are granted up to 60 days of grace period during which they remain in lawful nonimmigrant status. This window allows workers time to find new sponsoring employers, change status, or make arrangements to depart the United States without immediately falling out of status. If the proposed rule is finalized, workers who are terminated or who resign would immediately begin accruing unlawful presence, significantly reducing their ability to transition between employers or take other corrective immigration actions. This would have a direct and serious impact on EB-3 applicants who are currently maintaining H-1B or other nonimmigrant status while awaiting green card adjudication. For EB-3 applicants, the elimination of this grace period could create a high-stakes risk if their employer relationship changes during the lengthy green card process. Workers are advised to consult with immigration counsel immediately if their employment status is in flux. Stakeholders and affected individuals may submit written comments to USCIS during the public comment window referenced in the Federal Register notice.