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If you’re on an H-1B, L-1, O-1, TN, or E visa right now, pay attention. On August 6, 2026, the Department of Homeland Security submitted a proposed rule — RIN 1615-AD22 — that would eliminate the 60-day grace period that currently protects employment-based nonimmigrants when they lose their job. No transition. No buffer. Gone. This proposed change affects hundreds of thousands of skilled foreign workers across the country — and if you’re one of them, the time to understand your options isn’t later. It’s now. At Tez Law P.C., our team is watching this closely, and we’re ready to help you protect your status, your family, and everything you’ve worked for. Learn more about our immigration services here.
Background: What Is the 60-Day Grace Period and Why Does It Matter?
Back in 2017, DHS established the 60-day grace period as a real, meaningful safety net. Here’s how it works today: if you’re an H-1B, L-1, O-1, TN, E-1, E-2, E-3, or other qualifying nonimmigrant worker and you lose your job — layoff, termination, downsizing, whatever the reason — you have up to 60 days to stay lawfully in the U.S. That window gives you time to find a new employer, file a change of status, transfer your sponsorship, or simply make an orderly plan to leave if needed.
Without that grace period? Job loss means immediate unlawful presence. And that’s not just a paperwork problem — it can trigger a three-year or ten-year bar on reentry, put your pending green card at serious risk, and even lead to expedited removal. We’ve seen what these consequences do to families. They’re devastating. That’s why this proposed rule matters so much.
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The proposed rule under RIN 1615-AD22 would strip away this protection entirely. If finalized, visa holders who lose their job could be considered out of status from the very first day after termination — giving them no legal buffer to find new employment or transition their status. Legal experts and immigration advocacy organizations, including the American Immigration Lawyers Association (AILA), have already raised serious concerns about the rule’s potential to cause widespread harm to lawful visa holders and U.S. employers alike.
How This Proposed Rule Affects H-1B, L-1, O-1, TN, and E Visa Holders
The elimination of the 60-day grace period would have immediate and serious consequences for a wide range of nonimmigrant workers and their families:
- H-1B Visa Holders: Specialty occupation workers — the largest group affected — would face immediate status loss upon job termination. Tech workers, engineers, healthcare professionals, and others working for U.S. companies would have no time to find a new sponsor without incurring unlawful presence.
- L-1 Intracompany Transferees: Managers, executives, and specialized knowledge workers transferred from foreign affiliates would face abrupt status termination if their role ends for any reason.
- O-1 Extraordinary Ability Workers: Artists, athletes, researchers, and other highly skilled individuals on O-1 visas would lose the protection to transition between engagements.
- TN Visa Holders: Canadian and Mexican professionals working under USMCA trade classifications would face the same immediate-departure risk.
- E-1, E-2, and E-3 Visa Holders: Treaty traders, investors, and Australian specialty workers would also lose their grace period protection.
- Dependent Family Members: Spouses and children on H-4, L-2, O-3, and other dependent visas tied to the primary worker’s status would also be at immediate risk of falling out of status.
Beyond individual workers, U.S. employers would also face increased complexity. Companies undergoing restructuring, mergers, or reductions in force would need to rapidly navigate immigration compliance for foreign national employees — or risk contributing to their workers’ unlawful presence.
What You Should Do Right Now to Protect Your Immigration Status
Even though RIN 1615-AD22 is currently a proposed rule and has not yet been finalized, the regulatory process can move quickly — particularly in the current political climate. Taking proactive steps now is essential. Here is what Tez Law P.C. recommends:
- Assess your current visa status and expiration date. Know exactly when your I-94 authorized stay expires and understand what your status depends on. Do not assume your employer is tracking this for you.
- Consult an immigration attorney immediately. If there is any uncertainty about your employment stability, speak with a qualified immigration lawyer before any job change happens — not after. Schedule a free consultation with Tez Law P.C. today.
- Explore alternative visa pathways. Depending on your circumstances, options may include changing to a different nonimmigrant status, applying for an adjustment of status, or exploring self-sponsorship through an EB-1A or EB-2 NIW application.
- If you are an employer, review your HR and immigration compliance policies. Establish clear protocols for what happens to sponsored foreign national employees in the event of a layoff or restructuring.
- Submit comments on the proposed rule. Once RIN 1615-AD22 is published in the Federal Register for public comment, individuals, employers, and advocacy groups can submit formal opposition. Your attorney can help you craft an effective public comment.
- Monitor USCIS and OIRA updates closely. The rule must clear OIRA review before it is published as a Notice of Proposed Rulemaking (NPRM). Track updates at uscis.gov/newsroom and through your immigration counsel.
Why Choose Tez Law P.C. for Your Immigration Needs
At Tez Law P.C., managing attorney JJ Zhang (California Bar #326666) leads a dedicated team that handles immigration cases for clients across the entire United States. We understand that immigration status is not just a legal matter — it is your livelihood, your family’s security, and your future in this country. Our firm provides:
- Personalized legal strategy tailored to your specific visa category and circumstances
- Proactive monitoring of proposed rules, policy updates, and regulatory changes that affect our clients
- Clear, transparent communication in plain language — no confusing jargon
- Comprehensive immigration services including H-1B transfers, change of status filings, green card petitions, and employer compliance
- Nationwide representation with a California-based team you can trust
We also proudly serve clients who need help beyond immigration. If you or someone you know has been injured due to another’s negligence, our experienced personal injury attorney team is here to help you recover the compensation you deserve.
Frequently Asked Questions
Is the 60-day grace period already eliminated?
No. As of August 2026, the 60-day grace period remains in effect. DHS submitted the proposed rule (RIN 1615-AD22) to OIRA on August 6, 2026, but the rule has not yet been published as a formal Notice of Proposed Rulemaking (NPRM) in the Federal Register, and it has not been finalized. There will typically be a public comment period before any rule takes effect. However, workers should act now rather than wait, as regulatory timelines can be unpredictable.
Which visa categories would be affected if this rule is finalized?
The proposed rule would affect a broad range of employment-based nonimmigrant visa holders, including H-1B specialty occupation workers, L-1 intracompany transferees, O-1 extraordinary ability workers, TN professionals (Canadian and Mexican nationals), E-1 treaty traders, E-2 treaty investors, and E-3 Australian specialty workers. Dependent family members holding derivative statuses — such as H-4, L-2, or O-3 — would also lose their protected presence if the primary visa holder’s grace period is eliminated.
What can I do right now to protect myself before the rule is finalized?
The most important step is to consult with a qualified immigration attorney as soon as possible. An attorney can review your current status, identify your options for maintaining lawful presence, and help you explore alternative visa pathways or expedite pending petitions. Tez Law P.C. offers a free consultation for new clients — contact us today at tezlawfirm.com/contact to speak with our team about your specific situation.
The threat to the 60-day grace period is real, and the window to act is now. Whether you are an H-1B worker concerned about job security, an employer managing a foreign national workforce, or a family member whose status depends on a visa holder’s employment, Tez Law P.C. is here to guide you every step of the way. Do not wait for a rule to be finalized before protecting yourself. Contact us today for a free consultation and let our experienced immigration team build a strategy that keeps you and your family on solid legal ground.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Contact Tez Law P.C. at 626-678-8677 or [email protected] for advice specific to your situation. Results may vary.