Texas, United States — immigration · immigration

Is the H-1B 60-Day Grace Period Still in Effect in Texas?

Yes, the H-1B 60-day grace period remains fully in effect across Texas and the United States under 8 CFR § 214.1(l)(2) as of September 2026. However, a newly proposed DHS rule seeks to eliminate this crucial window, making immediate action essential for visa holders facing job loss.

The Current Legal Landscape in Texas

If you are an H-1B visa holder in Texas—whether you are working in Austin's tech hub, Houston's energy sector, or Dallas's corporate offices—the sudden loss of a job is incredibly stressful. Currently, the discretionary 60-day grace period is still fully in effect under federal immigration regulations (8 CFR § 214.1(l)(2)).

This rule allows high-skilled workers from countries like India, China, and Canada up to 60 consecutive days (or until their authorized visa validity ends, whichever is shorter) to remain in the United States, find a new sponsor, or change their nonimmigrant status after their employment ends.

The Looming Threat: Proposed Elimination of the Grace Period

While the grace period is currently active, the Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) under DHS Docket No. USCIS-2026-0364 on September 11, 2026. This proposal aims to completely eliminate the discretionary 60-day grace period found in 8 CFR § 214.1(l)(2).

DHS is accepting public comments on this proposed change until November 10, 2026. This means that while you still have your 60-day window right now, the rules could change drastically once a final rule is officially published. If finalized, any job loss could result in immediate loss of status on day one, forcing quick departures or transitions.

How to Protect Your Status and Leverage Caunsel

Because the grace period is discretionary and under active threat of elimination, you cannot afford to waste a single day if you are facing a layoff or termination. Under current rules, you must secure a new employer who can timely file a Form I-129 (Petition for a Nonimmigrant Worker) on your behalf, or you must file a Form I-539 to change your status (such as to a B-2 visitor visa) before your grace period expires.

Please note that Caunsel is not a law firm, does not provide legal advice, and will not file applications for you. However, you can use Caunsel to research these evolving immigration rules, securely organize and save your visa documents in a structured digital case, or connect with an independent immigration lawyer licensed in Texas to evaluate your options.

Steps

• Confirm your termination date: The 60-day grace period officially starts the day after your employment ceases, which is typically your last day of active work for which you are paid.
• Identify a new sponsor immediately: Ensure any prospective employer is ready to file a Form I-129 petition with USCIS before your 60-day grace period ends.
• Prepare a backup plan: If a new H-1B job is not secured by day 45, prepare to file a Form I-539 to change your nonimmigrant status to a B-1/B-2 visitor visa or another visa class to maintain authorized stay.
• Keep a paper trail: Maintain strict records of your severance agreements, final paystubs, and job hunt communications as evidence that you did not engage in unauthorized work during the grace period.

Common mistakes

• Assuming the grace period is guaranteed: The grace period is discretionary; USCIS can deny or shorten it if they find evidence of prior status violations, unauthorized employment, or fraud.
• Waiting until day 59 to act: USCIS must receive your new petition or change-of-status application on or before day 60; mailing delays or processing errors on day 60 can lead to unlawful presence.
• Working during the grace period: You are strictly prohibited from performing any employment services (even contract work or unpaid training for a new employer) until your new H-1B petition is filed and pending.

Questions people ask

Does the 60-day grace period apply if my I-797 approval notice expires in less than 60 days?

No. The grace period is 60 consecutive days or until the end of your authorized petition validity period, whichever is shorter. If your I-797 expires in 20 days, your grace period is only 20 days.

Can I start working for a new employer as soon as they file an H-1B transfer during my grace period?

Yes. Under H-1B portability rules, once a new, non-frivolous Form I-129 petition is timely filed with USCIS during your grace period, you can legally begin working for the new employer without waiting for final approval.

Can I submit public comments regarding the proposed DHS rule to eliminate the grace period?

Yes, absolutely. Any individual can submit written comments on the proposed rule (DHS Docket No. USCIS-2026-0364) via the Federal eRulemaking Portal at regulations.gov on or before November 10, 2026.

General information only, last updated 2026-09-23. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in Texas, United States — immigration.