The U.S. Department of Homeland Security has proposed removing the discretionary grace period of up to 60 days that currently protects certain employment-based nonimmigrant workers after their qualifying employment ends. The proposal covers H-1B and several other categories, including E-1, E-2, E-3, H-1B1, L-1, O-1 and TN classifications.

This is a proposal, not a final rule

The Federal Register proposal says DHS wants to remove the up-to-60-day grace period in 8 CFR 214.1(l)(2). The proposal is subject to public comment before any final rule can take effect. Reuters reported the proposal on September 10, 2026 and noted that the change could sharply reduce the time affected workers have to find another sponsor or make arrangements to leave the United States.

What H-1B workers should do now

1. Do not assume the 60-day period has already been cancelled. The proposal has not itself changed the current rule.
2. If employment is ending, speak promptly with your employer’s immigration counsel about petition, transfer and status options.
3. Keep copies of your I-94, approval notices, passport, employment records and other immigration documents.
4. Track the official Federal Register docket for the proposed rule and any final action.
5. Be careful with social-media claims that present a proposal as an immediate law.

Why the proposal matters to Indian professionals

H-1B workers are heavily represented in the U.S. technology and professional-services workforce, and Indian nationals form a major share of H-1B beneficiaries. A shorter post-employment window could therefore have practical consequences for many Indian workers and their families, even though the proposal is not yet final.

Sources

U.S. Federal Register proposal and Reuters report, September 10, 2026.

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Fact-check: Reviewed against the Federal Register proposal and Reuters reporting on 11 September 2026.

Disclaimer: Immigration law is complex and individual cases differ. This article is general information, not legal advice. A qualified U.S. immigration lawyer should be consulted for case-specific decisions.

Originality review: The article is independently written from the cited primary and secondary sources and does not reproduce their text at length.