IALDF and IABA want to hear from Iranian nationals on H-1B and related visas, and their families, about how the proposed rule would affect them.

Please take the survey by November 6 and share it.

On September 11, 2026, the Department of Homeland Security (DHS) proposed a new rule that would eliminate the discretionary 60-day grace period for many temporary foreign workers, including those in H-1B status, and their dependents (Docket No. USCIS-2026-0364). This is only a proposal. It is not in effect yet, and the current rules still apply. You can read the proposed rule in the Federal Register and view public comments on Regulations.gov. The public comment period closes on November 10, 2026.

The Iranian American Legal Defense Fund (IALDF) and the Iranian American Bar Association (IABA) are working together to document how the proposed rule would affect Iranian nationals in the United States. For many Iranian nationals, leaving the country on short notice and returning later is especially difficult, so losing this time could have severe consequences.

We want to hear directly from individuals whose immigration status, employment, or daily lives would be affected.

Why Your Response Matters

Your responses will help IALDF and IABA prepare a joint public comment documenting the potential impact of the proposed rule. Your answers will help us understand the full scope of the harm and identify the most urgent needs within the community. They will also help shape our strategy and next steps.

Who Should Take the Survey

• Iranian nationals in the United States who hold H-1B, H-1B1, E-1, E-2, E-3, L-1, O-1, or TN status
• Their family members (such as spouses and children in H-4, L-2, O-3, TD, or E dependent status)
• Immigration attorneys and others who work with affected individuals. You may describe your clients’ situations without including any names or other identifying information unless you have your client’s consent to do so.

What the Proposed Rule Would Do

The current rule: If you are in the United States in H-1B, H-1B1, L-1, O-1, E-1, E-2, E-3, or TN status and your employment ends before your authorized period of stay expires, you may be eligible for a grace period of up to 60 consecutive days, or until your authorized stay expires (i.e., your I-94 expiration date), whichever is shorter. During this grace period, you generally cannot work, but you may seek new employment and have a new employer file a petition on your behalf, apply to change your immigration status, or make arrangements to depart the United States. Eligible dependent spouses and children are generally covered by the same grace period. The grace period is discretionary and is not guaranteed in every case.

What would change: The proposed rule would remove the discretionary 60-day grace period completely. If your job ends before your approved stay is over, whether you are laid off, fired, or quit, you and your dependent family members would generally be out of status starting the day after your job ends, unless you have another lawful basis to remain in the U.S. Being out of status can lead to removal (deportation) proceedings and can cause problems with future visa applications.

What would not change: the 10-day grace period. Individuals in certain nonimmigrant classifications, including E-1, E-2, E-3, H-1B, L-1, TN, and O-1, may be granted a grace period of up to 10 days following the expiration of their approved period of stay. The proposed rule does not eliminate this grace period. However, because it applies only at the end of the approved validity period, it does not provide relief to individuals whose employment ends earlier than anticipated.

A Few Things to Know

Participation is voluntary. Basic questions marked with an asterisk (*) are required, but you may skip any of the other questions (not marked with an asterisk) that you do not wish to answer. Public comments are posted publicly, so if we draw on your experience in our comment, we will not include your name or other identifying details. Completing this survey does not create an attorney-client relationship with IALDF, IABA, or any attorney, and nothing in this email or the survey is legal advice. If you need help with your immigration situation, please consult a qualified immigration attorney.

Thank you for standing with our community.

With gratitude,
The Iranian American Legal Defense Fund & the Iranian American Bar Association

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