Losing a job can be stressful for anyone. For certain nonimmigrant workers in the United States, however, the end of employment can also create immediate immigration concerns.
On September 11, 2026, the Department of Homeland Security (DHS) published a proposed rule that would eliminate the discretionary grace period of up to 60 days currently available to certain nonimmigrant workers following the end of their employment or qualifying activity.
The proposal could affect workers in several employment-based nonimmigrant classifications, including E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN, as well as their dependents.
Importantly, this is a proposed rule. The current 60-day grace-period regulation has not yet been eliminated.
What Is the Current 60-Day Grace Period?
Under the current regulation, certain nonimmigrant workers whose employment ends before their authorized stay expires may receive a discretionary grace period of up to 60 consecutive days, or until the end of their authorized validity period, whichever is shorter.
The provision can also extend to qualifying dependent spouses and children.
The grace period is not an automatic guarantee in every case. USCIS retains discretion when determining whether the grace period applies and may shorten or eliminate it based on the circumstances.
For many workers, however, this period can provide valuable time after a termination, layoff, resignation, or other cessation of qualifying employment.
What Is DHS Proposing?
DHS is proposing to remove the regulation at 8 CFR 214.1(l)(2) that provides the discretionary up-to-60-day grace period.
If the proposal is ultimately finalized as written, affected workers and their dependents generally would be considered to begin failing to maintain their nonimmigrant status the day after the qualifying employment or activity ends, unless they are otherwise authorized to lawfully remain in the United States.
That would represent an important change for workers who currently may rely on the grace-period provision after their employment ends.
Which Workers Could Be Affected?
The proposed change applies to workers in the classifications currently covered by the regulation:
- E-1 treaty traders
- E-2 treaty investors and certain employees
- E-3 specialty occupation workers
- H-1B specialty occupation workers
- H-1B1 workers
- L-1 intracompany transferees
- O-1 individuals with extraordinary ability or achievement
- TN professionals
Qualifying dependents of these workers could also be affected.
The specific immigration consequences of losing employment depend on the person’s classification, immigration history, authorized period of stay, and other individual circumstances.
Why Does DHS Want to Eliminate the Grace Period?
DHS states that removing the provision would more closely connect a person’s nonimmigrant status to the employment or activity that formed the basis for that status.
The agency also says administering the discretionary grace period adds complexity to USCIS adjudications and that eliminating it would reduce administrative burdens.
DHS considered alternatives, including shortening the grace period instead of eliminating it, but stated that a shorter period would not address the administrative concerns identified by the agency.
What Could This Mean After a Job Loss?
If the rule is finalized as proposed, workers in affected classifications may have significantly less flexibility following the end of qualifying employment.
Depending on the circumstances, an individual may need to quickly determine whether another immigration option is available or whether departure from the United States is required.
DHS itself acknowledges that eliminating the grace period could result in increased departures following cessation of employment and could affect workers seeking new employment or another immigration status.
Because immigration options and filing requirements vary significantly by visa classification and individual circumstances, workers should avoid assuming that the same solution applies to everyone.
Has the 60-Day Grace Period Already Been Eliminated?
No.
This distinction is extremely important.
DHS published a Notice of Proposed Rulemaking, not a final rule. As of September 2026, the existing regulation remains in place while DHS proceeds through the rulemaking process.
The proposal was published in the Federal Register on September 11, 2026, and written comments are due by November 10, 2026.
After the comment period, DHS may proceed with a final rule, modify the proposal, or take other action.
What Should Nonimmigrant Workers Do?
Workers in employment-based nonimmigrant status should understand the terms of their particular status before a job loss occurs.
If employment has already ended—or termination is expected—it may be important to:
- Confirm your current immigration classification and authorized period of stay.
- Keep copies of your I-94, approval notices, passport, visa, and employment records.
- Determine the official date employment ends.
- Review whether another employer-sponsored or immigration option may be available.
- Avoid assuming that you automatically have a full 60 days in every situation.
- Seek immigration advice promptly rather than waiting until the end of a potential grace period.
Timing can be extremely important in employment-based immigration cases.
Need Help After Losing Employment While on a Work Visa?
Losing a job while in the United States on a temporary work visa can raise complicated immigration questions, particularly while federal rules are changing.
An immigration attorney can review your status, employment termination date, authorized stay, and potential immigration options based on your individual circumstances.
📞 Contact the Law Firm of Anna Korneeva at (513) 334-3008 to discuss your immigration situation and the options that may be available.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. The information in this article is based on the Department of Homeland Security’s proposed rule, “Eliminating the Discretionary 60-Day Grace Period,” published in the Federal Register on September 11, 2026.
