DHS Proposes Eliminating the 60-Day Grace Period for Work-Visa Holders — Proposed Only, Nothing Has Changed

Read that first line twice, because this one is already circulating as though it were settled law. On Sept. 11, 2026, DHS published a notice of proposed rulemaking, "Eliminating the Discretionary 60-Day Grace Period," 91 FR 57807 (RIN 1615-AD22; DHS Docket No. USCIS-2026-0364). It is a proposal. Nothing in it is in effect, and the grace period is fully available today exactly as it has been. Written comments are due on or before Nov. 10, 2026. What DHS proposes is to remove 8 CFR 214.1(l)(2), which we confirmed is still current, unamended regulation. That paragraph provides that someone admitted or otherwise given status in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classification, and their dependents, "shall not be considered to have failed to maintain nonimmigrant status solely on the basis of a cessation of the employment on which the alien's classification was based, for up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter, once during each authorized validity period." In practice it is the cushion that lets someone whose job ends stay in valid status while lining up a new employer, a change of status, or an orderly departure. DHS says removing it would restore "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." Two things are worth knowing even under the current rule: DHS may already "eliminate or shorten this 60-day period as a matter of discretion," and the grace period has never authorized you to work. A proposed rule can be finalized, changed, or dropped, and any final rule would be published separately with its own effective date — we will flag it here if that happens. If you hold one of these classifications and your job is ending or looks uncertain, the conversation worth having is not about this proposal; it is that 60 days is a shorter runway than most people assume.