What’s Happening?

The Department of Homeland Security (“DHS”) is moving forward with a proposed regulation, titled “Eliminating the Discretionary 60-day Grace Period”which would eliminate the discretionary 60-day grace period currently available to certain employment-based nonimmigrant workers following the end of their employment. 

On August 27, 2026, the proposed rule cleared an initial administrative hurdle (review by the White House Office of Information and Regulatory Affairs (“OIRA”)), a prerequisite before publication in the Federal Register.

Importantly, there is no change to the 60-day grace period at this time. DHS must first publish the proposed rule in the Federal Register, after which the public will have an opportunity to comment. DHS would then need to consider those comments and issue a final rule before any regulatory change could take effect. Since the proposed rule has not yet been published, its exact provisions and any transition rules are not yet known.