UPDATE: DHS Officially Publishes Proposed Rule to Eliminate 60-Day Grace Period

DHS has officially published a proposed rule that would eliminate the 60-day grace period currently available to certain nonimmigrant workers after their employment ends.

The Notice of Proposed Rulemaking was published in the Federal Register on September 11, 2026. The proposal would affect workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN status, as well as their dependent family members.

Old Rule

Under current rules, eligible workers may receive a grace period of up to 60 days after their employment ends, or until the expiration of their authorized stay, whichever is shorter. This period can give workers time to find a new employer, change immigration status, or make arrangements to leave the United States.

New Proposal

DHS is proposing to eliminate this protection. If the rule is finalized as written, affected workers would generally be considered out of status beginning the day after their qualifying employment ends unless they have another lawful basis to remain in the United States.

DHS states that the change would more closely tie a worker’s immigration status to the employment that supports that status and reduce the administrative burden associated with determining whether the grace period applies.

Importantly, this is only a proposed rule. The current 60-day grace period remains in effect at this time.

The public comment period is open through November 10, 2026. After reviewing public comments, DHS may modify the proposal and issue a final rule.

What’s Next

Nonimmigrant workers should continue following the current regulations unless and until DHS publishes a final rule changing the 60-day grace period.

We will provide further updates as the rulemaking process moves forward. If you believe you may be affected by this proposed change, please contact our office to discuss your options and prepare for any possible contingencies.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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