Morning Brief

H-1B: order tells agencies to weigh sponsor layoffs; DHS proposes ending 60-day grace period

Executive Order 14431 (signed 18 Sep, published 23 Sep) tells State, Labor and Homeland Security to take into account whether an H-1B sponsor laid off workers in the past year or plans layoffs that hurt similar US workers; it does not bar sponsorship. Separately, DHS proposed on 11 Sep (91 FR 57807, Docket USCIS-2026-0364) to end the discretionary 60-day grace period after an H-1B worker loses a job; comments close 10 Nov and the current grace period stays in force until a final rule.

By Nora Quinn · 9 Oct 2026 · 1 min

Executive Order 14431 (signed 18 Sep, published 23 Sep) tells State, Labor and Homeland Security to take into account whether an H-1B sponsor laid off workers in the past year or plans layoffs that hurt similar US workers; it does not bar sponsorship. Separately, DHS proposed on 11 Sep (91 FR 57807, Docket USCIS-2026-0364) to end the discretionary 60-day grace period after an H-1B worker loses a job; comments close 10 Nov and the current grace period stays in force until a final rule.

Sources: Federal Register: Executive Order 14431 (23 Sep) · Federal Register: Eliminating the Discretionary 60-Day Grace Period (11 Sep) · Note: Neither item is new today: the order was published 23 Sep and the proposal 11 Sep. The order directs agencies to consider layoffs; it does not bar sponsorship. The grace-period change is a proposal only.

Read the full story: A layoff is now a visa event: what the H-1B order, the grace-period proposal and one court ruling do and don’t do (Kwesi Addo)