California, United States · immigration

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

The H-1B 60-day grace period remains active under federal immigration law, providing vital protection for California tech workers. While a new DHS proposal aims to eliminate this safety net, the rule is still in effect, and you must act quickly to preserve your status.

The Current Law: The 60-Day Grace Period is Still Active

If you are an H-1B visa holder in California facing a sudden layoff or contract termination, you are likely feeling immense pressure from your former employer's hasty exit procedures. Let's set the record straight: yes, the 60-day grace period under 8 CFR § 214.1(l)(2) is still fully in effect. Under federal immigration laws, which apply to all California-based tech and specialty workers, you are generally allowed up to 60 consecutive days—or until your authorized I-94 validity period ends, whichever is shorter—to remain in the country without being deemed out of status.

This critical buffer gives you the time needed to secure a new sponsoring employer, file for a change of status, or make orderly arrangements to depart. During this grace period, you are not authorized to work, but you are protected from being classified as unlawfully present solely because your employment ended.

Understanding the Threat: The Proposed DHS Rule

While the 60-day safety net remains active today, federal regulators are attempting to pull the rug out from under skilled immigrants. On September 11, 2026, the Department of Homeland Security (DHS) published a hostile Notice of Proposed Rulemaking titled 'Eliminating the Discretionary 60-Day Grace Period' (Docket No. USCIS-2026-0364, RIN 1615-AD22). This proposal seeks to completely erase the 60-day grace period from federal regulations, which would force terminated workers and their dependent families to depart the country or lose status the very day after their job ends.

Fortunately, this change is not yet law. The public comment window is open until November 10, 2026, and the current grace period remains fully operational. However, this aggressive policy shift makes it incredibly urgent that you utilize every single day of your current grace period to secure your legal footing before the regulatory landscape shifts.

What You Must Do to Protect Your Status

Corporate HR departments are not your allies during a layoff; their primary concern is protecting the company, not your visa status. To shield yourself, you must aggressively pursue either an H-1B transfer petition (utilizing your portability rights under 8 CFR § 214.2(h)(2)(i)(H)) or file a timely change of status application (such as converting to a B-1/B-2 visitor visa) before your grace period expires.

Navigating this stressful transition requires precise legal timing and careful documentation. To successfully transition, you can use Caunsel to research immigration options, save critical transition documents in a secure case file, or connect with an independent immigration lawyer who can evaluate your situation and guide you through the process.

Steps

• Verify your exact termination date and review your current Form I-94 online to determine if your authorized stay expires in fewer than 60 days.
• Gather your final three paystubs, your Form I-797 approval notice, and your formal severance or termination letter to prove you maintained status up to your last day.
• Target employers who can immediately file a Form I-129 transfer petition to leverage H-1B portability regulations.
• Prepare a timely backup plan, such as filing Form I-539 to change to B-1/B-2 status, to keep yourself in a period of authorized stay if job hunting takes longer than expected.

Common mistakes

• Assuming you are guaranteed a full 60 days even if your I-94 or visa validity period expires sooner.
• Beginning work for a new employer before they have actually filed your H-1B transfer petition and received a formal USCIS receipt notice.
• Delaying action because you believe the proposed DHS rule has already taken effect; the 60-day window is still fully legal and available.

Questions people ask

Can USCIS deny or shorten my 60-day grace period?

Yes. The 60-day grace period under 8 CFR § 214.1(l)(2) is entirely discretionary. USCIS officers review its use during future petitions, and they have the authority to shorten or deny it if they find evidence of unauthorized employment or other status violations.

Has the proposed rule to eliminate the grace period been finalized?

No. The Department of Homeland Security published a Notice of Proposed Rulemaking on September 11, 2026 (Docket No. USCIS-2026-0364) to eliminate the 60-day grace period. However, it remains a proposal with a comment window open until November 10, 2026. The grace period is still in effect today.

Can my H-4 dependents stay in California with me during the grace period?

Yes. Dependent family members holding derivative H-4 status are covered under the same grace period guidelines as the principal H-1B visa holder, meaning they will not be considered out of status during this up-to-60-day window.

General information only, last updated 2026-10-05. 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 California, United States.