08/12/2026
You get a 60-day grace period on your H-1B right now. Last week DHS moved to take it away.
Here’s what it does. If you lose your job on H-1B, L-1, O-1, TN, or an E visa, you get 60 days. Sixty days to find a new sponsor, file a transfer, or change your status without falling out of legal status for a single day. Lose the cushion, and the day your job ends, your status ends. No window.
DHS sent the proposal to the White House on August 6th. It has a rule number, RIN 1615-AD22, and it’s under review right now.
Three things you actually need to know:
1. It’s a proposal. Not law. Nothing published, no comment period, nothing in effect today. Anyone telling you the cushion is already gone is lying to you.
2. But it’s real and it’s moving. If it clears review, it publishes. And your 60 days can vanish.
3. The cushion only saves you if you move fast. The people who survive a layoff already had their documents, their resume, and their transfer plan ready before the layoff hit. Not after.
Now my honest take on this - I don’t think this proposal will pass. Employment here is at-will. You can be let go tomorrow, no notice, no reason. You’ve got a lease. Kids in school mid-year. A whole life built here. A rule that says “your job ended Friday, be gone Monday” ignores how people actually live, and rules like this get fought the second they open for comment. The recent DHS/ F1 rule pulled over 30,000 comments.
I put the whole thing in one guide. What the cushion covers today, who this proposal actually hits, and a layoff action plan you run from day one so you’re never scrambling. Follow and comment “CUSHION” and I’ll send it straight to your DMs.
⚠️ Not legal advice. This is a proposed rule, not current law. Verify your own situation with a licensed immigration attorney.