If you're on an H-1B, two quiet rules have probably protected you without you ever noticing them. One gives you up to 60 days to land on your feet if you lose your job. The other makes it easier to renew your visa when nothing about your job has changed.
DHS now wants to remove both. Neither change is final yet, and you still have time to say something about it. Here's what each proposal would do, and what it means for your plans.
Educational information, not legal advice. NIWPack is a brand operated by Kooemma Digital Holdings LLC. NIWPack is written by a self-filer, not an attorney, and is not a law firm. Consult a licensed immigration lawyer for advice on your specific facts.
Proposal 1: no more 60-day grace period
Today, if your job ends early, workers in categories such as H-1B, L-1, O-1, TN, and E can usually get a grace period of up to 60 days. That's the window people use after a layoff to find a new employer, switch to another status, or plan a move home without suddenly being out of status.
On September 11, 2026, DHS proposed removing that rule. It describes this as going back to its older policy of not giving these workers or their families a grace period when a job ends.
If it becomes final as written, a layoff could leave you with essentially no time to find a new sponsor. Comments close November 10, 2026.
Proposal 2: no more deference to earlier approvals
Today, when you ask to extend your visa and the facts are the same as last time, same job and same employer, USCIS is generally told to respect its earlier approval. That's why routine renewals usually go through without much trouble.
On October 14, 2026, DHS proposed removing that rule too, saying the person applying should have to prove they qualify every single time.
If it becomes final, every renewal would be reviewed as if it were brand new. A role USCIS approved three years ago could be questioned all over again, which likely means more requests for evidence and more uncertainty each time you extend. Comments close November 13, 2026.
Why the two together matter
On their own, each change is something people could work around. Together, they take away both the cushion after a job loss and the predictability of renewals. Add the $100,000 H-1B payment rule that was extended to 2027, and the direction is hard to miss: staying in the US on a status that depends on one employer is getting riskier.
Where an EB-2 NIW fits in
The EB-2 National Interest Waiver lets you apply for a green card on your own, without a job offer and without the long labor certification process employers usually go through.
It's important to be honest about what it does and doesn't do. It gives you a green card path that doesn't hinge on one employer, and once your I-140 is filed, it locks in your place in line. It does not give you permission to work or stay by itself. You still need to keep your current status, and after approval you still wait for your turn on the Visa Bulletin.
That's why timing matters so much. The best moment to file a strong NIW petition is while your current status is safe, not after a layoff when the clock is already running.
How to comment
Anyone can comment on a proposed rule, and DHS is required to read and respond to the comments it gets.
- Go to Regulations.gov.
- Search for USCIS-2026-0364 (the grace period) or USCIS-2026-0529 (deference to earlier approvals).
- Click Comment and explain, in your own words and with real details, how the change would affect you. Specific, personal comments carry more weight than copied form letters.
The bottom line
Nothing has changed yet, and these proposals may look different once DHS reviews the comments. But it makes sense to plan for less flexibility. If you've been putting off your EB-2 NIW petition, this is a good reason to start now, while your status is still stable.
The EB-2 NIW Complete Self-Filer's Pack gives you a step-by-step self-filing guide, editable petition templates, and two fully worked example petitions to build your case.
Sources: Federal Register, "Eliminating the Discretionary 60-Day Grace Period" (September 11, 2026) and "Removing Deference to Prior USCIS Determinations of Eligibility" (October 14, 2026).