Crucial November Dates for Visa Workers: Possible Changes

• November will be a key date
• H-1B visas will be heavily impacted
• The 60-day period remains in effect for now

Thousands of foreign workers in the United States have a date to keep an eye on: November 10, 2026.

This is the last day to submit comments on a proposal by the Department of Homeland Security (DHS) that seeks to eliminate the discretionary 60-day period after losing a job.

Currently, this margin can allow certain workers to remain legally in the United States while they look for another employer, change their status, or explore other migration options.

However, the scenario could change if DHS later moves forward with a final rule that eliminates this protection.

November 10: the 60-day period may remain in effect

The proposal was published in the Federal Register under the title «Eliminating the Discretionary 60-Day Grace Period» and remains under review.

DHS will receive public comments until November 10, 2026, a stage that allows for the submission of observations before the agency decides how to proceed.

This means something fundamental: the 60-day grace period remains in effect for those who meet the corresponding conditions.

Additionally, the November 10 comment deadline does not mean the proposal will automatically take effect the next day.

After reviewing the comments, DHS may modify the proposal, proceed with a final rule, or make other decisions during the regulatory process.

These visas would be exposed if DHS approves the change

The proposed change would affect workers in several migration categories that US companies use to hire foreign talent.

Among them are:

• H-1B
• H-1B1
• L-1
• O-1
• TN
• E-1
• E-2
• E-3
• Certain dependent family members

The impact could be concentrated especially among H-1B workers, according to DHS’s own economic estimates.

The agency calculates that approximately 3,795 workers in the analyzed categories receive a new labor petition from another employer each year during the grace period.

Of these, about 3,765 are H-1B workers, equivalent to 99.2% of the cases considered in this analysis.

DHS also determined that the average annual salary of the H-1B workers included in this group was approximately $131,000 in 2025.

Losing a job could have far more immediate consequences.

Currently, the provision 8 CFR 214.1(l)(2) contemplates a discretionary period of up to 60 days for certain workers after terminating their employment.

The proposal aims to eliminate this provision and to link migration status more directly to the employment or activity that originally allowed the worker to remain in the United States.

If it is finally approved on the proposed terms, a worker who loses their job could be forced to leave the country unless they have another authorization allowing them to remain legally.

This would significantly reduce the time available for some workers to find a new company willing to sponsor them without leaving the United States.

DHS measures could generate economic losses

The agency itself recognizes that the change could impose additional costs on foreign workers affected by job loss.

Among the possible economic consequences mentioned are income loss, travel expenses, and costs associated with an early departure from the country.

There could also be expenses for transportation, plane tickets, early cancellation of housing contracts, and other financial obligations.

Some workers may be forced to seek employment abroad and then return to the United States once they obtain the required authorization.

Why it’s important: losing a job could mean having up to 60 days to explore alternatives and becoming a migration situation that requires much faster action.

• The fact: DHS estimates that about 3,795 workers a year receive a new petition from another employer during the currently available period.
• The process: public comments will be open until November 10, 2026, and afterward, DHS will determine how to proceed with the regulatory process.
• What they can do: potentially affected workers can follow official DHS and Federal Register publications to learn about any final rule and its eventual effective date.

For now, there is no clarification of the 660 days, and November 10 should not be interpreted as the automatic disappearance of the benefit.

The real decisive date will arrive if DHS later publishes a final rule and sets when the new provisions will begin to apply.

Warning: This information is for informational purposes only and does not constitute legal or migration advice. Migration rules can change, and each case has particular circumstances. If you have a work visa, lose your job, or believe this proposal could affect you, consult with a qualified immigration attorney before making decisions about your status, employment, or stay in the United States.

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SOURCE: MundoNow / DHS