Proposed rule · United States · Department of Homeland Security

Department of Homeland Security proposes ending the up to 60-day grace period for visa workers whose job ends

As of our last check on November 2, 2026, this is a proposal, not a requirement. Comments are due November 10, 2026.

We check the Federal Register daily for later actions. We check federal court opinions for rulings on published rules weekly, on Mondays. A ruling can take time to reach us, so not finding one here does not mean there is none.

Added to AmendSignal

In short

What changed
The Department of Homeland Security (DHS) proposes to end the up to 60-day grace period that lets workers in the E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN (Canadian and Mexican professional) classifications, and their dependents, keep their status after a job ends. It is a proposal, not a final rule.
Who's affected
Employers that sponsor or hire workers in these classifications, mostly H-1B employers, and especially employers that hire workers between jobs. Employers of dependent spouses who are authorized to work could also be affected.
What to do
This proposed rule creates no new duties for employers, and nothing changes unless DHS issues a final rule. Employers that rely on the grace period may want to comment by November 10, 2026, and plan for a possible final rule.

What changed

Who is affected

What it means in practice

What to do

Required

This is a proposed rule, so it creates no requirements for employers. Nothing changes unless DHS issues a final rule.

Worth considering

Open questions

The source leaves these open. We'll update this record if a later document answers them.

  • Would a final rule apply to workers whose job ended before the final rule takes effect?

    The document as provided does not describe any transition rules for workers already in a grace period.

  • Would a worker have to leave on the day the job ends, or by the day after?

    Section IV.D says status would lapse the day after the job ends, but Footnote 32 says the worker would have to depart on the day the job ends.

  • Does the full proposal include other provisions not shown in this copy?

    The copy analyzed ends partway through the cost analysis, so the proposed regulatory text and later sections are not included.

Related changes

History

  1. Latest · · Issued

    Eliminating the Discretionary 60-Day Grace Period Source (opens in a new tab)

Sources