USCIS Advances Proposal to Eliminate Discretionary 60-Day Grace Period for Certain Nonimmigrant Workers

USCIS has submitted a proposed rule for review that would eliminate the discretionary 60-day grace period currently available to certain employment-based nonimmigrant visa holders following the termination of employment.  

Proposal to Eliminate Discretionary 60-Day Grace Period

A proposed U.S. Citizenship and Immigration Services (USCIS) regulation titled “Eliminating the Discretionary 60-day Grace Period” has been submitted for Executive Order 12866 regulatory review, signaling potential changes to current immigration regulations governing employment-based nonimmigrant workers.  

The proposal was received for review on August 6, 2026 and is currently in the Proposed Rule stage.

What Is Changing? 

The proposed rule would eliminate the discretionary 60-day grace period currently available to eligible nonimmigrant workers after the cessation of employment. The grace period has historically allowed certain foreign nationals in employment-based statuses additional time to:

• Seek new employment; 
• Pursue a change of status application; 
• Prepare for departure from the U.S.; or 
• Otherwise, take steps to maintain a lawful status after a job loss. 

If finalized, the rule could significantly reduce the flexibility of impacted foreign nationals and their employers in managing employment transitions. 

Looking Ahead 

At this stage, USCIS has only advanced the proposal for regulatory review, and substantive details have not yet been released publicly. Employers and foreign nationals should watch for publication of the proposed rule, which will provide additional information on the scope of the changes, implementation timelines and any opportunities for public.

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