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

The U.S. Citizenship and Immigration Services (USCIS) has issued a proposed rule that would eliminate the discretionary 60-day grace period currently afforded to H-1B and other nonimmigrant employment-based visa holders. This grace period has historically allowed workers who lose or leave their jobs to remain in valid status for up to 60 days while seeking new employment or making departure arrangements. Under the current system, the 60-day grace period provides a critical safety net for foreign workers experiencing job transitions. Its elimination would mean that status could lapse immediately upon termination of employment, significantly increasing the risk of unlawful presence accrual for affected workers. While this proposal primarily targets H-1B visa holders, it carries important implications for EB-3 applicants who are often simultaneously maintaining H-1B status while awaiting their employment-based green card. Any disruption to H-1B status during the EB-3 adjustment of status process could jeopardize pending petitions or trigger complications with USCIS. The proposed rule was published in the Federal Register (Document No. 2026-18631), and USCIS is accepting written public comments. EB-3 applicants and their employers are encouraged to consult with an immigration attorney and consider submitting comments before the deadline indicated in the notice. Immigration practitioners and advocacy groups are expected to push back strongly against this proposal, arguing it would harm both foreign workers and U.S. employers who rely on skilled international talent. Affected individuals should monitor this rulemaking closely for any final rule publication.