DHS Proposes to Eliminate 60-Day Grace Period for Nonimmigrants Who Lose Employment

What the Rule Would Do

The Department of Homeland Security (DHS) has issued a notice of proposed rulemaking (NPRM) to remove regulations at 8 CFR 214.1(l)(2), which currently provide aliens in certain nonimmigrant classifications — and their dependents — with an up to 60-day discretionary grace period upon cessation of employment, prior to the expiration of their authorized period of stay. The proposal would restore DHS's previous and long-standing policy under which no such grace period exists.

According to the document, the purpose of the proposed rule is to restore a direct relationship between an alien's nonimmigrant status and the specific employment or activity that formed the basis of his or her admission or grant of status in the United States. The rule would also, as the agency states, reduce administrative burden.

Affected Visa Classifications

The NPRM specifically addresses several nonimmigrant visa classifications by name: E-1, E-2, and E-3; H-1B and H-1B1; L-1; O-1; and TN. Dependents of holders of these classifications are also affected by the current grace period provision that DHS proposes to eliminate.

Background and Rationale

The document's table of contents indicates the rulemaking addresses the need for the proposed rule, the requirement that nonimmigrants depart upon cessation of employment or activity, the reduction of administrative burden, reliance interests and the potential impact of the rule, and alternatives considered. DHS states that removing the grace period provision restores the direct link between nonimmigrant status and the employment or activity that justified admission.

The agency notes that it considered reliance interests and the potential impact of the rule, as well as alternatives, before proceeding with the proposal. The affected regulations span 8 CFR parts 204 and 214, and the rulemaking covers topics including administrative practice and procedure, aliens, employment, foreign officials, health professions, immigration, and reporting and recordkeeping requirements.

What to Watch

Written comments on the NPRM must be submitted on or before November 10, 2026. The electronic Federal Docket Management System will accept comments before midnight eastern time at the end of that day. Comments must reference DHS Docket No. USCIS-2026-0364 and include the agency name (U.S. Citizenship and Immigration Services). Comments must be submitted in English, or an English translation must be provided. All submissions will be posted without change to the Federal eRulemaking Portal at regulations.gov.

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