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DHS proposes to eliminate 60-day grace period for nonimmigrant visa holders
DHS has proposed eliminating the 60-day grace period for certain nonimmigrant visa holders after job termination.
On 11 September 2026, the US Department of Homeland Security (DHS) published a notice of proposed rulemaking proposing to remove the up to 60-day grace period that certain nonimmigrant visa holders can be afforded following cessation of employment. If enacted, the regulatory change would require that E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN workers, as well as their dependents, depart the US immediately after their last date of employment with their sponsoring employer, absent another lawful basis for remaining in the country.
DHS will accept comments on the proposed rule until 10 November 2026.
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