United States / Work Routes
ProposedDHS Proposes Ending 60-Day Grace Period for H-1B, L-1, O-1, TN and E Workers
A DHS proposed rule would remove the up-to-60-day grace period after a job ends for H-1B, L-1, O-1, TN, E and H-1B1 workers. Comments close November 10, 2026.
StudyImmigration News Desk · Published
Key facts
- Proposed rule published September 11, 2026 (91 FR 57807, docket USCIS-2026-0364).
- Would remove 8 CFR 214.1(l)(2), the discretionary grace period of up to 60 days in place since January 17, 2017.
- Workers and dependents would have to depart on the day employment ends to avoid failing to maintain status.
- Comments close November 10, 2026. The current grace period still applies.
Who it affects: Workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN status, and their dependents, if their job ends before their stay expires.
Official source: Eliminating the Discretionary 60-Day Grace Period (proposed rule, 91 FR 57807)
What happened
On September 11, 2026, the Department of Homeland Security published a proposed rule to eliminate the discretionary 60-day grace period for certain work-visa holders. It would delete the regulation at 8 CFR 214.1(l)(2), which since January 17, 2017 has given workers up to 60 days (or until their authorized stay ends, if sooner) after a job ends to find a new sponsor, change status or leave.
DHS says the change would restore the link between a worker’s status and the specific job it was granted for, and reduce the burden on USCIS. It says USCIS potentially had to assess the grace period in more than 1.9 million petitions and applications from October 2017 to May 2026.
Who is affected
The grace period currently covers people in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN status, and their dependents. Under the proposal, a worker whose employment ends early, and their family, would have to leave the United States on the day the job ends to avoid failing to maintain status. DHS acknowledges that this would also mean leaving the local community immediately.
The proposal does not remove the separate grace period of up to 10 days at the end of an approved validity period.
What it means for your move
The 60-day window is often what lets a laid-off H-1B worker keep a path to a green card: a new employer can file a transfer petition, or the worker can file to change status. Without it, a layoff could quickly lead to a gap in status, which can complicate extensions, changes of status and later adjustment of status. This matters most for people waiting years in the employment-based green card backlog. See our guides on H-1B, L-1, O-1 and TN status.
What to do now
- Nothing changes yet. The up-to-60-day grace period still applies.
- If you are worried about layoffs, keep your passport, I-94, pay stubs and approval notices organized so a new employer can file quickly.
- Know your options in advance, such as a change to another status or a cap-exempt employer.
- Anyone can comment at regulations.gov under docket USCIS-2026-0364 until November 10, 2026.
- If your job is ending, speak with a licensed immigration attorney right away.
What happens next
DHS must review comments before publishing a final rule, which would set an effective date. We will update this report if the proposal is finalized. Follow the US country page and the updates tracker.
Sources
News report, not legal advice. Status reflects the position on the last updated date; check the official source before you act. Part of the weekly briefing and the US changes tracker .
Cite this page
StudyImmigration. (September 11, 2026). DHS Proposes Ending 60-Day Grace Period for H-1B, L-1, O-1, TN and E Workers. https://studyimmigration.com/news/nonimmigrant-60-day-grace-period-proposal-2026/
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