H-1B Workers Could Lose Their 60-Day Safety Net: What DHS's New Rule Means

WASHINGTON, DC - SEPTEMBER 19: ABC News Chief Washington Correspondent Jonathan Karl (R) listens to a question from a reporter to President Donald Trump (2nd-L), accompanied by U.S. Commerce Secretary Howard Lutnick (L) after Trump signed an executive order in the Oval Office at the White House on September 19, 2025 in Washington, DC. Trump signed two executive orders, establishing the "Trump Gold Card" and introducing a $100,000 fee for H-1B visas. The "Trump Gold Card" is a visa program that allows foreign nationals permanent residency and a pathway to U.S. citizenship for a $1 million investment in the United States. (Credit: Photo by Andrew Harnik/Getty Images)

---

• DHS opened a public comment period on Sept. 11 that runs through Nov. 10, 2026, before deciding whether to finalize the rule.
• The proposal would strike 8 CFR 214.1(l)(2), wiping out the 60-day buffer for H-1B, H-1B1, L-1, O-1, TN and E-1/E-2/E-3 workers, plus their spouses and children.
• DHS's own figures show 65,752 workers a year, on average, saw their job end or moved to a new employer under these categories between fiscal 2021 and 2025, yet only about 3,795 a year actually used that window to line up new sponsorship.
• Roughly 208,187 dependents a year, more than the workers themselves, would lose their own status the moment a spouse or parent's job ends.