Proposed Rule to Eliminate the 60-day Discretionary Grace Period
On September 11, 2026, the Department of Homeland Security (DHS) has published a proposed rule titled “Eliminating the Discretionary 60-Day Grace Period.” This proposed rule would remove the discretionary grace period of up to 60 days following the employment separation that occurs prior to the individual’s approved period of immigration status. Those employment visa categories, such as E–1, E–2, E–3, H–1B, H–1B1, L–1, O–1, or TN are affected by this proposal.
At present, the discretionary grace period is still active and available. For hiring units and individuals at the health campus in H-1B, O-1, or TN status, please contact the Office of International Services (OIS) if you have any questions.
The Office of International Services at the health campus will continue to monitor this proposal and provide updates as needed.
Resources:
- Fragomen, LLP: DHS Proposal to Eliminate 60-Day Nonimmigrant Grace Period Clears Federal Review
- Klasko Immigration Law Partners, LLP: DHS Proposes Eliminating 60-Day Grace Period
- Miller Mayer, LLP: DHS Proposes to Eliminate 60-Day Grace Period for Certain Nonimmigrant Workers Upon Cessation of Employment Before Authorized Stay Expires
- Wolfsdorf Rosenthal LLP: DHS Proposes Eliminating the 60-Day Grace Period: What Employers Should Know