Trump Administration Seeks to Eliminate 60-Day Grace Period for H-1B and Other Visa Workers

The Department of Homeland Security (DHS) is moving forward with a new proposal that could eliminate the 60-day grace period currently available to certain employment-based nonimmigrant workers after their employment ends.

On August 6, 2026, DHS submitted a proposed rule titled “Eliminating the Discretionary 60-day Grace Period” to the Office of Management and Budget (OMB) for review. The proposal has not yet taken effect, and the full text has not yet been released.

What Is the Current 60-Day Grace Period?

Under current regulations, certain nonimmigrant workers whose employment ends before their authorized stay expires may receive a grace period of up to 60 consecutive days, or until the expiration of their authorized stay, whichever comes first.

The protection currently applies to workers in the following classifications:

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

Their dependent family members are also covered by the provision.

The 60-day grace period gives workers valuable time after losing or leaving a job to find another employer, seek a change or extension of immigration status, or prepare to leave the United States. Workers generally cannot continue working during the grace period unless they have another independent basis for employment authorization.

What Would Change?

DHS is now proposing to eliminate this protection.

Although the exact language of the proposed regulation has not yet been published, if the 60-day grace period is eliminated, foreign nationals whose employment ceases prematurely (and their dependents) would no longer be maintaining status and would generally be required to depart the United States immediately and would be unable to change status or change employers within the United States, unless USCIS exercises its discretion to forgive the lapse in status.

This would have significant consequences for H-1B and other employment-based visa holders.

The Rule Has NOT Taken Effect

The proposal is currently undergoing OMB review. Once that review is completed, DHS is expected to publish the proposed rule in the Federal Register and allow the public to submit comments. Only after DHS completes the rulemaking process and publishes a final rule could the change take effect.

Because the proposal has not yet been published, additional details—including whether DHS will provide exceptions or transition rules—remain unknown.

The Law Offices of Jacob Sapochnick will continue monitoring the proposed regulation as DHS releases more information.

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