FLASH NEWSH-1B Grace Period Proposal Clears White House Review

Zero-Day Buffer: US Advances Plan to Scrap H-1B Grace Period

The US Department of Homeland Security’s proposal to eliminate the discretionary 60-day grace period for foreign professionals cleared White House regulatory review on August 27, 2026, though the protection hasn’t vanished yet.

The White House Office of Information and Regulatory Affairs finished reviewing the regulation under the official status “Consistent with Change,” meaning executive reviewers approved the text with undisclosed edits. Developed by US Citizenship and Immigration Services under Regulatory Information Number 1615-AD22, the proposed rule hasn’t hit the Federal Register. Until it is officially published and clears a public comment period, the current 60-day window remains fully in force.

Visa holders and sectors facing the impact

If finalized, the regulatory shift will strip away the administrative safety net that allows laid-off foreign workers to stay in the United States while searching for a new employer, changing visa status, or arranging their departure.

The policy directly impacts specific temporary non-immigrant categories:

• H-1B visa holders in specialty occupations, where Indian professionals make up the largest share of beneficiaries.
• L-1 visa holders working as intra-company transferees.
• O-1 visa holders recognized for extraordinary achievement.
• Foreign professionals on other select temporary employment visas.

For corporate hiring managers across technology, engineering, and healthcare, losing this buffer disrupts critical recruiting workflows. Corporate interviewing pipelines and visa transfer filings routinely take months to execute, time retrenched employees will no longer have if the window disappears.

Next steps in the rulemaking process

Because the regulatory filing is designated as non-economically significant and carries no statutory deadline, several mandatory administrative steps remain before any rule can take effect:

1. Publication in the Federal Register: DHS must officially release the draft language, outlining its proposed amendments to the existing rule established in January 2017.
2. Public Comment Phase: The opening of a formal window allowing corporate employers, legal experts, and community advocacy groups to submit detailed feedback.
3. DHS Review and Final Rule: USCIS must evaluate public feedback before drafting a binding final rule.

Former White House advisory commissioner Ajay Jain Bhutoria strongly condemned the policy shift, calling the proposed elimination unworkable for high-skilled professionals. Bhutoria pointed out that corporate recruitment timelines make 60 days exceptionally tight, noting that he had previously secured unanimous approval from the White House Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders in March 2023 to expand the grace period to 180 days instead. He urged business leaders and community organizations to mobilize and lodge formal objections once the public comment window officially opens.

💡 Quick FAQ & IntelligenceTap to Expand

Q: Is the 60-day H-1B grace period officially cancelled right now?

No, the 60-day grace period remains active because the Department of Homeland Security has not yet published the proposed rule in the Federal Register.

Q: Which visa categories does proposal RIN 1615-AD22 target?

The proposed rule targets holders of H-1B, L-1, O-1, and several other non-immigrant temporary employment visas.

Q: Can corporate employers and visa holders challenge this rule change?

Yes, interested parties can submit official objections during the public comment period once DHS formally publishes the draft rule in the Federal Register.