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

September 10, 2026, Update — The U.S. Department of Homeland Security (DHS) has officially published its proposed rule to eliminate the discretionary 60-day grace period currently available to certain employment-based nonimmigrant workers and their dependent family members following the end of employment. The proposal is now open for public comment. If finalized, affected workers would generally be required to depart the U.S. upon cessation of qualifying employment unless another lawful basis to remain in the country exists.

DHS Moves Forward With Proposal to Eliminate 60-Day Grace Period for Certain Nonimmigrant Workers

The U.S. Department of Homeland Security (DHS) has published a proposed rule to eliminate the discretionary 60-day grace period available to eligible employment-based nonimmigrant workers following a job loss or termination of employment. The proposal would affect certain employment-based nonimmigrant workers, including individuals in H-1B, L-1, O-1, TN, E and related classifications.

Under current regulations, certain foreign nationals may remain in the U.S. for up to 60 consecutive days, or until the end of their authorized validity period, whichever is shorter, following the cessation of qualifying employment. The grace period allows affected individuals time to pursue alternative immigration options, seek new employment, or prepare for departure from the U.S.

If finalized, the proposed rule would remove this option and generally require affected workers and their dependents to depart the U.S. immediately following the end of qualifying employment unless another valid immigration status applies.

Background

DHS first advanced its proposal to eliminate the discretionary 60-day grace period in August 2026. The proposed rule, RIN 1615-AD22, “Eliminating the Discretionary 60-day Grace Period,” entered review by the White House Office of Information and Regulatory Affairs (OIRA) on Aug. 6, 2026. OIRA completed its review on Aug. 31, 2026, clearing the measure for the next stage of the rulemaking process.

DHS has now published the Notice of Proposed Rulemaking (NPRM) in the Federal Register, officially opening a public comment period before the agency determines whether to issue a final rule.

Who Would Be Affected? 

The proposal would impact individuals in the following nonimmigrant classifications: 

• H-1B 
• H-1B1 
• E-1 
• E-2 
• E-3 
• L-1 
• O-1 
• TN 

Dependent family members in corresponding classifications would also be affected. 

What Would Change? 

If DHS finalizes the proposal: 

• The discretionary 60-day grace period would be removed from federal regulations. 
• Eligible nonimmigrant workers would no longer have a designated period of authorized stay following employment termination. 
• Foreign nationals seeking to transition to a new employer may need to depart the U.S. and complete visa processing abroad before returning. 
• Dependents would lose the ability to remain in the U.S. if the principal worker’s grace period eligibility ends.

Why Is DHS Proposing This Change? 

According to DHS, the proposal is intended to: 

• Align immigration regulations more closely with statutory requirements that tie nonimmigrant status to ongoing qualifying employment. 
• Reduce adjudication burdens related to evaluating requests involving the grace period. 
• Promote consistency and program integrity across employment-based immigration categories.

What Happens Next? 

The proposed rule is currently subject to a public comment period before DHS determines whether to issue a final rule. The agency may revise, adopt or withdraw the proposal based on stakeholder feedback received during the rulemaking process. 

Importantly, the current 60-day grace period remains in effect while the proposal undergoes review. Employers and foreign nationals should continue following existing regulations unless and until DHS publishes a final rule implementing changes.

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