The Proposal to End the 60-Day Grace Period for Work Visas, Explained

On September 10, 2026, the Department of Homeland Security (DHS) released the full text of the proposed rule to eliminate the 60-day grace period for most nonimmigrant work visas, including the H-1B and O-1. This is only a proposal, and foreign workers remain unaffected for now.

If implemented as-is, the rule would remove the existing policy that currently gives nonimmigrant workers a 60-day “grace period” after leaving a job to find a new employer, secure a different type of visa, or leave the country.

The grace period is relatively new compared to more established immigration policies. The Obama administration’s DHS created it through a final rule published in November 2016. The rule proposed today would reverse that decision and return to the standard DHS applied before 2017, when a worker was generally considered out of status the day after their job ended.

DHS says that ending the grace period would reduce significant adjudication work for immigration officers. In the proposed rule’s full text, the agency reported that more than 1.9 million petitions and applications have required USCIS to assess grace-period eligibility since Fiscal Year 2018.

When will DHS’s proposed grace period rule become effective? September 2026 update

Though the exact timing is impossible to predict, Jeff Joseph, the President of Immigration Strategy at Manifest Law and the 79th President of the American Immigration Lawyers Association (AILA), says DHS’s grace period rule will likely need at least a few months to pass through the complex federal rulemaking process.

“Immigration rules typically take more than a year from proposal to finish, and the 2016 rule DHS is now trying to undo is a useful benchmark: that grace-period rule took about 12.5 months to go from proposal to effective date, even though it faced little opposition,” he says.

Joseph also notes that litigation could complicate this rule if it goes into effect. The federal government has already faced several challenges from federal judges this year, from vacating the $100,000 H-1B fee to striking down policies related to the December 2025 expanded travel ban.

What would DHS’s proposed grace period rule change for workers?

The proposed rule would remove the provision that gives affected workers a grace period (8 CFR 214.1(l)(2)) from federal regulations. For nearly a decade, this provision has allowed H-1B, O-1, and other nonimmigrant workers to stay in the country legally for up to 60 days after losing or quitting their job or qualifying activity.

The full text of the proposed grace period rule says it would:

• Apply to workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN status, plus their dependents.
• Treat your visa status as inseparable from the job it was based on. Right now, losing your job and losing your status are two separate events with up to 60 days between them. Under the proposal, they become the same event.

If implemented, the rule would not remove or change:

• The separate 10-day grace periods also outlined in 8 CFR 214.1(l)(1). However, keep in mind this grace period only covers the days before their visa starts or ends. In most cases, this wouldn't help someone whose job ends in the middle of an approved validity period.
• The right to apply for an extension of stay or change of status, but only for someone who is otherwise maintaining status.
• The 60-day grace period F-1 students and J-1 exchange visitors receive if they prematurely stop the activity they were admitted for.

How would DHS’s new grace period rule be implemented?

Proposed rules rarely provide implementation guidance. In this case, Jeff Joseph says what this particular proposal does is subtractive: it deletes 8 CFR 214.1(l)(2), and creates no new information collections or changes to Form I-129.

“DHS isn't proposing a new process so much as proposing to stop running an existing one,” he says. “Right now, an immigration officer has to establish whether employment ended, when, and whether to grant the grace period at all, since it’s discretionary.”

Right now, Joseph says immigration officers must evaluate whether to issue a grace period on four separate forms:

• An I-129 for an extension of stay or a change of status tied to new employment
• An I-539 changing to a non-employment status
• An employment-based I-485 application
• An I-765 for a compelling circumstances EAD

Because termination evidence is not standardized, DHS says immigration officers struggle to establish the cessation date. In many cases, payroll records are the only proof of termination, which makes officials guess at the actual end date.

On process, the proposal offers one line: once USCIS learns of a lapse, it "would follow established guidance for issuing NTAs (Notices to Appear) as appropriate," and a footnote floats an employer's I-129 withdrawal as a possible trigger.

Which workers would the end of the grace period hit hardest?

Jeff Joseph says this proposal would have consequences far beyond a worker simply having less time to find another job. “Many of the foreign professionals affected by this rule have lived and worked legally in the United States for years. They have mortgages, leases, car payments, children enrolled in American schools, and families whose immigration status is tied to theirs,” he says. “Some are also waiting in extraordinarily long employment-based green card backlogs through no fault of their own, which means they may remain dependent on temporary work-authorized status for many years while waiting for a green card to become available.”

And Joseph notes that this is not limited to H-1B workers. “The proposal affects E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN professionals and their dependents. These classifications include highly skilled workers, executives, managers, entrepreneurs, professionals with extraordinary ability, and other specialized talent relied upon by U.S. employers across technology, healthcare, engineering, research, finance, and other industries. The impact therefore would not fall only on immigrant families; employers and industries that depend on their skills would feel it as well,” he explains.

How should foreign workers prepare for DHS’s grace period rule?

Because the current grace period remains unaffected for now, most foreign workers don't need to do anything at the moment.

Regardless, Jeff Joseph says there are a few things worth doing in the meantime:

• Confirm your Form I-94 expiration date against your petition's approved validity period.
• If you're on an employment-based path to a Green Card, check where you stand on your Form I-140 and priority date. This can affect your options if your job situation changes.
• Keep clear, dated records of when your employment starts and ends. This may include offer letters, termination notices, and final pay stubs.
• If you have a pending Form I-485 adjustment of status application, or hold a compelling-circumstances employment authorization document, check whether that gives you an independent period of authorized stay separate from your work visa.

He also suggests submitting a public comment through regulations.gov, citing Docket No. USCIS-2026-0364. The comment period is open until November 10, 2026.

What is still not known about this proposed rule?

Several open questions will matter more than the proposal itself once DHS moves toward a final rule, according to Jeff Joseph. “The government has not set an effective date, and under this proposal there's no indication yet of whether someone already in a grace period when a final rule takes effect would be allowed to remain in the country,” he says. “The proposal also doesn't spell out what counts as the ‘cessation date’ in more complicated situations, like a worker on severance pay or garden leave who is technically still being paid after their job duties end.”

These details may get released when the rule becomes final, he says. Until more details emerge, he recommends identifying those gaps now and watching for future updates. If you’re concerned about your immigration status, request a consultation with one of Manifest’s immigration attorneys.

This is a developing story. We'll continue to update this article as more information gets released.

FAQs about the 60-day grace period rule

How long has the grace period been around for?

Before January 17, 2017, foreign workers under nonimmigrant visas did not enjoy the existing grace period. DHS created the up-to-60-day discretionary grace period through a 2016 final rule tied to the American Competitiveness in the 21st Century Act, an Obama administration law meant to give high-skilled workers more job mobility.

Has the H-1B 60-day grace period been eliminated?

No. As of September 10, 2026, the 60-day grace period remains available. H-1B workers whose employment ends today are generally still able to use up to 60 days to find a new sponsoring employer, change status, or depart the United States. This grace period has always been discretionary.

What is this proposed rule called?

The proposal is titled "Eliminating the Discretionary 60-day Grace Period" and tracked under RIN 1615-AD22.

Does this affect H-4 dependents and other visa holders?

Yes, as the 60-day grace period is not limited to H-1B. Based on the categories that currently benefit, a change would reach workers in H-1B, H-1B1, L-1, O-1, E-1, E-2, E-3, and TN status, and their dependents—including H-4 spouses and children.

What are the chances this rule takes effect?

Nothing changes immediately. Rule changes like this must move through a formal process before becoming final, and it could still be weeks or months before any real change to the grace period.