DHS proposes ending 60-day grace period for some work visa holders

The Department of Homeland Security has proposed eliminating the up to 60-day discretionary grace period currently available to certain employment-based visa holders, including H-1B, L-1, O-1 and TN workers. If finalized, the change would mean these workers could no longer rely on the short buffer period after a qualifying job or activity ends, a shift that could quickly affect foreign professionals and their families.

The proposal applies to nonimmigrant classifications tied to employer-sponsored work and would also affect dependents in those categories. Under current regulations, people in those visas are not considered out of status for up to 60 days after the employment or activity that supported their admission ends, giving them time to seek a new petition, change status or make departure plans. DHS says the existing rule disconnects lawful status from the employment basis for these visas.

The agency’s move comes as employers and immigration advocates continue to debate how much flexibility workers should have after layoffs or contract changes. USCIS has previously said the grace period helps workers find new employment or pursue another lawful status, while also noting that changing the regulation would require a formal rulemaking process. The new proposal suggests DHS now wants to reverse that policy for several employment-based visa categories.

What the proposed rule would change

According to the proposed rule, DHS would remove the grace period language at 8 CFR 214.1(l)(2). The agency says the current rule allows workers to remain in the country temporarily even after the job or activity that made them eligible for the visa ends, which DHS now describes as inconsistent with the structure of those classifications. The proposal was published in the Federal Register and assigned DHS docket number USCIS-2026-0364.

If the rule is finalized, employers, workers and immigration attorneys would likely need to adjust quickly to a narrower timeline for action after employment ends. That could affect transitions between jobs, applications to change status and departure planning, though the exact practical impact would depend on the final language of the rule and any transition provisions DHS adopts.

For now, the change is only proposed, and the current 60-day grace period remains in place unless and until DHS completes the rulemaking. The agency has not yet said when a final decision will be issued.