60-Day Grace Period
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DHS Proposes Eliminating 60-Day Grace Period for H-1B and Other Nonimmigrant Workers

Maggio Kattar

On September 11, 2026, the Department of Homeland Security (DHS) published a proposed rule that would eliminate the discretionary grace period of up to 60 days currently available to certain employment-based nonimmigrant workers following the end of their employment.

This is a proposed rule only. The current 60-day grace period remains in place.

Who Would Be Affected By Eliminating the 60-Day Grace Period?

The proposal applies to individuals in the following nonimmigrant classifications:

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

It would also affect their dependent family members.

Under current regulations, when employment ends before the expiration of the worker’s authorized stay, DHS may provide a grace period of up to 60 consecutive days, or until the end of the authorized validity period, whichever is shorter. During this period, the individual is generally not considered to have failed to maintain nonimmigrant status.

DHS is proposing to remove this provision entirely.

What Would Change?

If the proposed rule becomes final as written, affected workers would no longer have the regulatory 60-day period following the cessation of qualifying employment or activity. DHS states that, absent another basis to lawfully remain in the United States, an affected individual would be required to depart immediately upon failing to maintain the employment or activity underlying the nonimmigrant status.

This could significantly reduce the time available for a worker whose employment ends unexpectedly to pursue another immigration option, including employment with a new employer or a change to another nonimmigrant status.

For employers, the change could also affect recruiting and onboarding strategies when seeking to hire foreign national workers whose employment with another company has recently ended. Employers considering such hires may need to move considerably more quickly if the proposal is ultimately finalized.

The Potential Impact

Nothing has changed yet. The existing discretionary grace-period regulation remains in effect while DHS proceeds through the federal rulemaking process.

Comments on the proposed rule are due November 10, 2026. After considering public comments, DHS could issue a final rule, modify the proposal, or take no further action.

Employers and affected foreign national workers should therefore continue to follow the existing rules but remain alert for further developments. Individuals facing a termination or other cessation of employment should consult immigration counsel promptly regarding their particular circumstances.