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U.S. Proposes Eliminating 60-Day Grace Period for Certain Nonimmigrant Workers Upon Cessation of Employment

🇺🇸 United StatesWork Permits1 recorded versionLast change 11 Sept 2026
ConfidenceVery high · 95%

Current rules

The Department of Homeland Security (DHS) proposes to remove the regulation at 8 CFR 214.1(l)(2) that provides an up to 60-day discretionary grace period for nonimmigrants in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications (and their dependents) upon cessation of employment. This proposal would restore the policy requiring these nonimmigrants to depart the United States immediately upon failure to maintain the employment or activity that was the basis for their nonimmigrant classification or status, unless they are otherwise authorised to lawfully remain.

Overview

The U.S. Department of Homeland Security (DHS) has issued a Notice of Proposed Rulemaking (NPRM) to eliminate the discretionary 60-day grace period currently available to certain nonimmigrant workers and their dependants. This proposed rule, if enacted, would restore the previous policy requiring individuals in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications to depart the United States immediately upon the cessation of their qualifying employment or activity, unless they possess alternative authorisation to remain. The proposal aims to re-establish a direct link between an individual's nonimmigrant status and the specific employment that formed the basis of their admission or status.

Who is affected by the latest change

  • The proposal covers nonimmigrants in the following classifications:
  • E-1 Treaty Traders
  • E-2 Treaty Investors
  • E-3 Australian specialty occupation workers
  • H-1B Specialty occupation workers
  • H-1B1 Chilean and Singaporean specialty occupation workers
  • L-1 Intracompany transferees
  • O-1 Individuals of extraordinary ability or achievement
  • TN Professionals covered by the USMCA
  • The proposal also applies to the dependants of affected nonimmigrants

What changed in the latest version

Before

Under the current rule, certain nonimmigrants and their family members are usually allowed to stay. This applies to people in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN categories. They are not considered to have lost their nonimmigrant status for up to 60 days. This 60-day period starts after the job or activity that gave them their status ends. DHS can shorten or remove this grace period in certain situations. This grace period was first put in place to give workers time to find other immigration options. It also gave them time to look for a new job without having to leave the United States immediately. DHS also stated that the rule helped U.S. employers. It made it easier to manage job changes for current and new nonimmigrant workers.

After

The Department of Homeland Security (DHS) proposes to remove the rule at 8 CFR 214.1(l)(2). This rule currently gives a discretionary grace period of up to 60 days to certain nonimmigrants and their family members. These nonimmigrants are in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN categories. The grace period applies after their job ends. This new proposal would bring back the policy that requires these nonimmigrants to leave the United States immediately. This applies if they no longer have the job or activity that gave them their nonimmigrant status. They can stay only if they have other legal permission.

This proposed rule greatly changes the conditions for nonimmigrant workers in these categories. This is especially true if their job ends unexpectedly. Before, the 60-day grace period gave people a crucial time window. They could look for a new job, start a change of status, or get ready to leave. This happened without harming their immigration record. Removing this period would mean they must act immediately if they lose their job. This puts great pressure on people to find other immigration options or arrange their departure quickly. Employers who sponsor these nonimmigrants will also find it harder to keep skilled people. It will also be harder to manage job changes. The flexibility to move workers between roles or companies will be less. The change affects people's ability to keep legal status. It could mean more people lose their status if they cannot leave or get new permission quickly.

Explained simply

Imagine you're in the U.S. for work on a special type of visa. Right now, if you lose your job, you have about two months (60 days) to either find a new job that allows you to stay or to leave the country without getting into trouble. The government is suggesting changing this rule so that if you lose your job, you would need to leave the U.S. straight away, unless you have another permission to stay. It's like your permission to stay is directly tied to your specific job, and when that job ends, so does your immediate right to stay.

Frequently asked

Version history

  1. v1Issued 11 Sept 2026ProposalCritical impact
    U.S. Proposes Eliminating 60-Day Grace Period for Certain Nonimmigrant Workers Upon Cessation of Employment

    The U.S. Department of Homeland Security (DHS) plans a new rule. This rule would remove the 'up to 60-day' grace period for certain nonimmigrant workers and their family members. These workers hold E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN visas. The current rule, 8 CFR 214.1(l)(2), allows these people to stay in the United States for up to 60 days after their job ends. They are not considered to have lost their nonimmigrant status during this time. The new plan would make these nonimmigrants leave the U.S. right away if their job or activity stops. This is unless they have other legal permission to stay. This change aims to link a person's nonimmigrant status directly to the job or activity that allowed them to enter the country.

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