What’s Happening?

The Department of Homeland Security (“DHS”) has released a proposed rule that would eliminate the discretionary grace period of up to 60 days currently available to certain employment-based nonimmigrant workers following the end of their employment. As we previously reported in August, DHS had begun moving forward with this regulatory proposal, although the proposed regulatory text had not yet been released.

The proposed rule, titled “Eliminating the Discretionary 60-day Grace Period,” is scheduled for publication in the Federal Register on September 11, 2026 and would apply to individuals in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN status, as well as their qualifying dependents.

Importantly, there is no change to the 60-day grace period at this time. The current rule remains in effect unless and until DHS completes the rulemaking process and issues a final rule with an effective date.