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.
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
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From the sourceIV. Discussion of Proposed Rule
As such, DHS proposes to remove the discretionary up to 60-day grace period provided in 8 CFR 214.1(l)(2).
DHS proposes to remove the discretionary grace period of up to 60 days found in the Code of Federal Regulations (CFR) at 8 CFR 214.1(l)(2).
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From the sourceIII.F. Creation of the Up to 60-Day Discretionary Grace Period
allowed an alien present in the United States in one of those statuses, and their dependents, to remain in the United States for up to 60 days or until the end of the authorized validity period, whichever is shorter
Also: V.A.2. Background and Population
Nonimmigrants are not authorized to work during the grace period, unless otherwise authorized.
Under the current rule, a worker in one of these classifications and their dependents may stay for up to 60 days, or until the end of the authorized validity period if shorter, without being treated as out of status because the job ended, unless DHS shortens or eliminates the period. The worker is not authorized to work during the grace period unless otherwise authorized.
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From the sourceIV.D. Reliance Interests and Potential Impact of This Rule
they, and their dependents, would be considered to be immediately failing to maintain their nonimmigrant status the day after the principal alien's employment or activity ceases.
Under the proposal, the worker and their dependents would be treated as out of status the day after the worker's employment or activity ends, and would be expected to leave the United States unless otherwise authorized to stay.
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From the sourceFootnote 19
DHS also proposes a technical revision ... from 8 CFR 204.5(p)(1)(i).
DHS also proposes a technical change to remove a cross-reference to the grace period from 8 CFR 204.5(p)(1)(i).
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From the sourceSUMMARY
This proposal restores a direct relationship between an alien's nonimmigrant status and the specific employment or activity that formed the basis of his or her admission or grant of status in the United States and reduces administrative burden.
DHS says the change would tie a worker's status directly to the job that was the basis for it and would reduce administrative burden.
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From the sourceIII.F. Creation of the Up to 60-Day Discretionary Grace Period
The rule was effective on January 17, 2017.
The grace period was created by a 2016 final rule that took effect on January 17, 2017.
Who is affected
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From the sourceII.C. Costs and Benefits
no longer providing an up to 60-day discretionary grace period for aliens admitted or otherwise provided status in the E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN classifications, and their dependents
The proposal covers workers in the E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN classifications and their dependents.
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From the sourceV.A.2. Background and Population
number of primary beneficiaries who experienced either cessation of employment or voluntarily changed employer is 65,752
Also: V.A.2. Background and Population
Ninety-nine percent of 328,758 E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN primary beneficiaries that either lost their job or changed employers from FY 2021 through FY 2025 belong to the H-1B classification.
DHS estimates that about 65,752 workers a year in these classifications lost or changed jobs in fiscal years 2021 through 2025, and that 99 percent of them held H-1B status.
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From the sourceIV.D. Reliance Interests and Potential Impact of This Rule
U.S. employers who seek to employ recently terminated aliens in the relevant classifications may have made business arrangements based on an assumption that the aliens would be able to begin new employment
DHS recognizes that U.S. employers that hire recently terminated workers in these classifications may have relied on those workers being able to start new jobs without leaving the country.
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Our analysisV.A.2. Background and Population
Spouses of L-1 workers in valid L-2 nonimmigrant status are considered employment authorized incident to status.
Also: V.A.2. Background and Population
Certain H-4 dependent spouses of H-1B nonimmigrants can seek employment authorization by filing Form I-765
Also: IV.D. Reliance Interests and Potential Impact of This Rule
they, and their dependents, would be considered to be immediately failing to maintain their nonimmigrant status the day after the principal alien's employment or activity ceases.
Employers of dependent spouses who are authorized to work (for example, L-2 spouses, or certain H-4 spouses with employment authorization) could be affected, because under the proposal dependents would also fall out of status the day after the principal worker's job ends.
What it means in practice
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From the sourceII.C. Costs and Benefits
because they would need to leave the country instead of being able to stay and begin new employment without departing.
DHS says some workers would need to leave the country rather than stay and start a new job without departing, and could lose income while they look for work.
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From the sourceIV.B. Requiring Nonimmigrants To Depart Upon Cessation of Employment or Activity
aliens subject to this rule would, however, be able to apply for readmission into the United States in a nonimmigrant employment-based status after finding new qualifying employment
DHS says workers could still apply to come back in an employment-based status after finding a new qualifying job and getting the needed approvals.
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Our analysisIV.D. Reliance Interests and Potential Impact of This Rule
without the potentially lengthier process of seeking admission from outside the United States
If finalized, hiring a worker who is between jobs in one of these classifications would likely take longer, because the worker could not rely on a grace period to stay in the United States while a new petition is filed.
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From the sourceTable 1--Summary of Provisions and Impacts of the NPRM
H-1B and O-1 petitioners would be liable for the reasonable costs of return transportation abroad
DHS lists, as a cost for employers, that H-1B and O-1 petitioners would be liable for the reasonable costs of return transportation abroad when they dismiss a worker before the end of the authorized stay and the worker decides to leave.
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From the sourceFootnote 48
an H-1B employer is required to immediately notify USCIS such as by submitting a letter of withdrawal, when the employer no longer employs the beneficiary, whether through termination or resignation
Also: Footnote 49
currently some employers do not notify USCIS or file a withdrawal when an H-1B worker ceases to work for the company
The document notes that H-1B employers are already required to notify U.S. Citizenship and Immigration Services (USCIS) right away when they no longer employ the worker, and that some employers currently do not.
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Our analysisFootnote 16
Because 8 CFR 214.1(l)(1) specifies that this 10-day grace period applies ``after the validity period ends,'' it would not apply to a worker who ceases employment during the approved validity period.
The separate grace period of up to 10 days at 8 CFR 214.1(l)(1) is not what this proposal removes, and the document says it applies only after the validity period ends, not when a job ends early.
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
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Our suggestionADDRESSES
identified by DHS Docket No. USCIS-2026-0364 through the Federal eRulemaking Portal: https://www.regulations.gov.
Also: IV.D. Reliance Interests and Potential Impact of This Rule
DHS invites comments on any potential impact of this rulemaking, including comments on any potential reliance interests that are implicated by the provisions of this NPRM.
Consider submitting comments through regulations.gov under docket USCIS-2026-0364, especially if your hiring or workforce plans rely on the grace period. DHS specifically invites comments on reliance interests.
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Our suggestionIV.B. Requiring Nonimmigrants To Depart Upon Cessation of Employment or Activity
an alien's lawful status in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classification is directly connected to and contingent upon the alien conducting certain employment activities
Also: V.A.2. Background and Population
Spouses of L-1 workers in valid L-2 nonimmigrant status are considered employment authorized incident to status.
Consider identifying employees in the listed classifications, and employees whose work authorization depends on a spouse's status, so you can gauge your exposure if the proposal is finalized.
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Our suggestionIV.D. Reliance Interests and Potential Impact of This Rule
U.S. employers who seek to employ recently terminated aliens in the relevant classifications may have made business arrangements based on an assumption that the aliens would be able to begin new employment
Consider reviewing recruiting plans that depend on hiring visa workers between jobs, and termination or layoff practices for these workers, since a final rule would remove the time they now have to find a new sponsor.
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Our suggestionFootnote 48
an H-1B employer is required to immediately notify USCIS such as by submitting a letter of withdrawal, when the employer no longer employs the beneficiary, whether through termination or resignation
Consider confirming that your process for notifying USCIS when an H-1B worker leaves is followed, since the document describes that as an existing requirement.
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Our suggestionTable 1--Summary of Provisions and Impacts of the NPRM
H-1B and O-1 petitioners would be liable for the reasonable costs of return transportation abroad
Consider budgeting for possible return transportation costs for dismissed H-1B and O-1 workers and for delays in filling roles if the proposal is finalized.
Open questions
The source leaves these open. We'll update this record if a later document answers them.
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Would a final rule apply to workers whose job ended before the final rule takes effect?
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Would a worker have to leave on the day the job ends, or by the day after?
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Does the full proposal include other provisions not shown in this copy?
Related changes
History
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Eliminating the Discretionary 60-Day Grace Period Source (opens in a new tab)