Losing a job is stressful enough. For many work visa holders, a 60-day grace period softens the blow. It gives you time to find a new employer, switch status, or wind down your affairs before leaving.The Department of Homeland Security now wants to remove that cushion. DHS published a proposed rule in the Federal Register on September 11, 2026. The rule would eliminate the discretionary grace period.
What the Grace Period Currently Does
Under current rules, workers in eight nonimmigrant categories get up to 60 days after their job ends. During that window, they don’t automatically fall out of status. That time lets people search for new sponsors, file change-of-status paperwork, or plan an orderly departure. An immigration lawyer can guide each option.
The affected categories include E-1, E-2, and E-3 treaty workers. They also include H-1B and H-1B1 specialty workers, L-1 transferees, O-1 talent, and TN professionals. This grace period covers dependent family members too. Our H1B Visa clients rely on this cushion constantly, especially during layoffs or restructuring.
What the Proposed Rule Would Change
DHS wants to remove the regulation that creates this grace period, found at 8 CFR 214.1(l)(2). Without it, workers would generally need to depart the United States immediately once their job ends. There would be no 60-day window, no breathing room to weigh other options.
DHS says the grace period disconnects a person’s legal status from the job that justified it. The agency also points to administrative strain. It cites roughly 1.9 million petitions and applications processed under this framework since 2018. Whatever the justification, the practical effect on workers would be severe. Questions about how it applies to your case belong on our contact page.
Who Should Pay Attention Right Now
If you hold status in any of these eight categories, this proposal matters even before it becomes final. Employers restructuring teams, workers facing layoffs, and families planning around a visa holder’s job security should track this closely. Our L1 Visa clients often move between roles within the same company. Losing that safety net changes how those transitions get planned.
Workers with pending green card cases face extra pressure here too. A job loss without a grace period could disrupt an adjustment of status filing mid-process. Anyone relying on employer sponsorship, including workers on an E2 Visa, should read this proposal carefully.
The rule is not final yet. DHS opened a public comment period that runs through November 10, 2026. The current 60-day grace period stays in effect while the agency reviews feedback. That gives affected workers and employers a real chance to weigh in.
Why Timing Matters Here
Rules like this rarely announce themselves loudly once finalized. Immigration policy can shift fast. Workers sometimes learn about a change only after it already affects them. Waiting to see what happens carries real risk, especially for TN Visa holders who renew status often.
If your employer is going through layoffs, a merger, or a hiring freeze, act now. A sudden termination under this rule could leave far less room to react than workers have today. Planning protects your ability to stay in the country lawfully. Our team can help you map that plan through a consultation.
Submitting a comment during the public comment period is also worth considering. Individual voices and employer groups both shape how DHS weighs the final rule. Reach out to our team if you want help drafting one.
How Our Firm Can Help
A proposal like this rewards early planning over a last-minute scramble. Our attorneys track USCIS and DHS rulemaking closely, and we help clients build contingency plans before a crisis hits. Maybe you’re worried about an upcoming layoff. Maybe you just want to understand how this affects your employment-based immigration status. Either way, we can walk through your options together.
Don’t wait until a job loss puts your status on the clock. Book a consultation with our team today. Let’s make sure you have a real plan in place, no matter what DHS decides.
