DHS Proposes Elimination of 60-Day Grace Period for H-1B and Other High-Skilled Nonimmigrant Workers
The Department of Homeland Security (DHS) has proposed a new rule to eliminate the 60-day grace period currently afforded to H-1B, H-1B1, L-1, O-1, E-1, E-2, E-3, and TN nonimmigrant workers. This grace period, established in 2016, allows these workers and their dependents to remain in the U.S. for up to 60 days after their employment ends without being considered out of status. The proposed rule, DHS Docket No. USCIS-2026-0364 (RIN 1615-AD22), would remove 8 CFR 214.1(l)(2) from regulations. If finalized, nonimmigrant workers would be deemed to have failed to maintain status the day after their employment ceases, necessitating immediate departure unless they have separate authorization to remain. DHS justifies this change by citing statutory alignment, arguing that lawful status should end with employment, and administrative burden, as adjudicators spend resources assessing the grace period's applicability on over 1.9 million petitions and applications between FY 2018 and May 2026. The agency acknowledges...