DHS Advances Proposal to Eliminate 60-Day Grace Period for Certain Nonimmigrant Workers

On August 6, 2026, DHS submitted a proposed rule titled “Eliminating the Discretionary 60-day Grace Period” to the White House Office of Information and Regulatory Affairs (“OIRA”) for regulatory review. The proposal could have significant consequences for foreign national employees who are laid off, resign, or otherwise end employment before their authorized period of stay expires, as well as for employers seeking to hire foreign nationals following the end of employment with another company.

Importantly, nothing has changed yet. The existing 60-day grace period remains available under current regulations.

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D&S Immigration Update: DHS Releases Final Rule Regarding Retention of Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers

The U.S. Department of Homeland Security (DHS) released published final rule today, November 18, 2016, which aims to improve the ability of U.S. employers to hire and retain high-skilled workers who are beneficiaries of approved I-140 employment-based immigrant visa petitions and are waiting to become lawful permanent residents, while increasing the ability of those workers to seek promotions, accept lateral positions with current employers, change employers, or pursue other employment options.

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