The existing 60-day grace period therefore remains in place. The grace period applies when employment ends before the worker’s authorized validity period expires and is not limited to layoffs. USCIS has previously acknowledged that changing the grace period requires regulatory rulemaking under the Administrative Procedure Act. That means H-1B workers who lose their jobs today continue to be eligible for the existing grace period of up to 60 days, subject to the requirements of current immigration regulations. Until DHS publishes the proposed rule, however, the exact scope and consequences of eliminating the 60-day grace period will remain unclear.