Immigration Update: DHS Proposes Eliminating the 60-Day Grace Period for E, H-1B, L-1, O-1 and TN Workers
Immigration Update: DHS Proposes Eliminating the 60-Day Grace Period for E, H-1B, L-1, O-1 and TN Workers
Nothing has changed yet. The 60-day grace period is still available today. What follows is a proposal, open for public comment until November 10, 2026.
What changed
On September 11, 2026, the Department of Homeland Security published a notice of proposed rulemaking titled "Eliminating the Discretionary 60-Day Grace Period" at 91 FR 57807 (FR Doc. 2026-18631, RIN 1615-AD22, DHS Docket No. USCIS-2026-0364). The document went on public inspection the previous day, September 10, 2026.
The proposal would remove the regulation at 8 CFR 214.1(l)(2). In the Department's own words, the rule would "restore its previous and long-standing policy of not providing aliens in certain nonimmigrant classifications (and their dependents) with an up to 60-day grace period upon cessation of employment prior to the expiration of the alien's authorized period of stay."
The classifications named in the proposal are E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN, together with their dependents.
Two dates matter:
September 11, 2026 — the date the proposal was published. This is a publication date, not an effective date.
November 10, 2026 — the date the public comment period closes.
There is no effective date, because this is a proposed rule. A proposed rule takes effect only if and when the agency issues a final rule, and the Department has not said whether or when it will do so.
What applicants should know
The grace period exists today. If your employment in one of these categories ends before your authorized stay expires, the discretionary period of up to 60 days at 8 CFR 214.1(l)(2) remains available. It is available unless and until a final rule says otherwise.
This proposal does not address the separate 10-day grace periods at 8 CFR 214.1(l)(1), which are a different provision.
Not everyone is covered by this proposal. O-2 and P classifications are not named. Students and exchange visitors are not within it. Immigrant visa applicants and adjustment-of-status applicants are not within it.
Nobody loses status because of this document. If you have seen commentary suggesting the 60-day window is gone, that is not what the Federal Register says.
The comment period is real. Comments close November 10, 2026, under docket USCIS-2026-0364. Employers, investors and affected workers can put their experience on the record, and agencies are required to consider timely comments before finalizing a rule.
If your situation is unstable, plan now. The 60-day window is what makes a layoff, a lost contract or a winding-down venture survivable in status — it is the runway for finding a new employer, filing a change of status, or closing out a business in an orderly way. If a change is foreseeable, the time to map out options is while that cushion is in place, not after.
How we can help
Our team is made up of former U.S. consular officers who have spent careers inside the adjudication process. We help people in E, H-1B, L-1, O-1 and TN status understand where they actually stand — what the current rule permits, what a proposed rule does and does not do, and what a realistic contingency plan looks like if employment ends.
We give honest assessments, including when a path is not realistic. We are a visa consulting service, not a law firm, and we do not provide legal advice or representation.
Talk with us
If you hold one of these visas, employ someone who does, or are weighing a change while this proposal is pending, a consultation can help you separate what is in force from what is merely proposed.
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