DHS proposes to eliminate 60-day discretionary grace period for nonimmigrant workers

The Department of Homeland Security has proposed removing the regulation that currently allows up to a 60-day discretionary grace period for certain nonimmigrant workers and their dependents when their employment ends before their authorized stay expires. The change is only a proposal, not final, and public comments are accepted through November 10, 2026.

Key points

• The current rule at 8 CFR 214.1(l)(2) allows USCIS discretion to give up to 60 days after employment ends before a worker is considered out of status.
• Affected classifications include E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN, along with their dependents.
• DHS argues the grace period disconnects lawful status from the employment that is the basis for that status, and wants to restore a stricter link.
• If finalized, workers whose qualifying employment or activity ends would generally be required to depart immediately unless otherwise authorized to remain.
• This is a Notice of Proposed Rulemaking, not a final rule, and comments must be submitted through regulations.gov by November 10, 2026.

Who is affected

Nonimmigrant workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN status, their dependents, and the U.S. employers who sponsor them.

What to do