DHS Proposes Eliminating the 60-Day Grace Period
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The Department of Homeland Security (DHS) has proposed eliminating the discretionary 60-day grace period currently available to certain employment-based nonimmigrants after their employment or qualifying activity ends.
Who would be affected
The proposal would affect individuals in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN status, as well as certain dependents.
How the grace period works today
Under the current regulation, eligible individuals may receive up to 60 consecutive days, or until the end of their authorized validity period, whichever is shorter. During that time they can take steps such as finding new employment, changing status, or departing the United States.
What the proposal would do
The proposed rule would remove this grace period from the regulations.
What this does not mean
Importantly, the change is not yet in effect. The existing 60-day grace period remains available under current law.
Public comments on the proposed rule are open until November 10, 2026.
Source: Federal Register