United StatesH-1B, L-1, O-1, TN, E-3

DHS proposes ending the 60-day grace period after a job ends

Proposed, not finalSources checked 28 Oct 2026

DHS proposed removing the discretionary grace period of up to 60 days that lets E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers and their dependents keep status after their employment ends. Comments are due November 10, 2026.

Who it affects

Employer-sponsored workers in the US who lose or leave a job

What the official source says

โ€œThe purpose of this proposed rule is to remove the availability of the up to 60-day discretionary grace period from the regulations at 8 CFR 214.1(l)(2).โ€
โ€œA. E-1, E-2, and E-3 Nonimmigrant Visa Classifications B. H-1B and H-1B1 Nonimmigrant Visa Classifications C. L-1 Nonimmigrant Visa Classification D. O-1 Nonimmigrant Visa Classification E. TN Nonimmigrant Visa Classificationโ€
โ€œWritten comments on the notice of proposed rulemaking (NPRM) must be submitted on or before November 10, 2026.โ€
Federal Register: Eliminating the Discretionary 60-Day Grace Period (proposed rule, 2026-18631) federalregister.gov, checked 28 Oct 2026

Quotes are copied from the official pages on the dates shown. This page is a summary, not legal advice: rules can change, so check the source before you act.

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