DHS Proposes Ending 60-Day Grace Period for Employment Visa Holders
The Department of Homeland Security announced September 11 a proposed rule that would eliminate the 60-day grace period currently allowing certain employment-based visa holders (H-1B, L-1, E-3, O-1, TN and others) to remain in the US after their jobs end. The change is not yet final; a public comment period runs through November 10.
What This Proposal Means
The U.S. Department of Homeland Security began the formal rulemaking process on September 11, 2026, by publishing a proposal to eliminate the 60-day grace period available to certain foreign workers after their employment ends. This change would affect workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN visa categories, as well as their dependent family members, requiring them to depart immediately or secure new status when employment terminates.
Under current rules, eligible workers may receive a grace period of up to 60 days after their employment ends, a period that can give workers time to find a new employer, change immigration status, or make arrangements to leave the United States. This grace period has existed since 2016 and has provided crucial flexibility during job transitions.
The Timeline
The current 60-day grace period remains in effect at this time. The public comment period is open through November 10, 2026. This is only a proposed rule. After reviewing public comments, DHS may modify the proposal and issue a final rule. Any changes would not be automatic—the agency must complete the full rulemaking process, which can take months or longer.
What You Should Do
If you hold an H-1B, L-1, or other affected employment visa and are concerned about job security or planning a transition, now is the time to understand your options. Document your employment status, review your visa conditions, and consider consulting an immigration attorney before making employment changes. If you lose your job, act quickly—don't assume you have 60 days to secure new employment under the current system. The public comment period is also open to workers and employers who wish to submit concerns about this proposal to DHS.
Sources
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