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H-1B ·
DHS proposes ending the 60-day grace period for H-1B, L-1, O-1, E, and TN workers
On September 11, 2026, the Department of Homeland Security published a proposed rule to remove the grace period of up to 60 days that certain workers get after their employment ends. Under the proposal, H-1B, H-1B1, L-1, O-1, E-1, E-2, E-3, and TN workers whose jobs end, and their dependents, would no longer be in status and would need to leave the United States unless they have another way to stay. The rule is a proposal and is not in effect.
Confirmed
- The proposal would remove 8 CFR 214.1(l)(2), the grace period of up to 60 days for E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN workers and their dependents.
- Workers whose employment ends would no longer be maintaining status and would need to depart unless they have separate authorization to stay.
- Public comments are open from September 11 to November 10, 2026.
- The current grace period still applies. The change would take effect only if DHS issues a final rule with an effective date.
Still unclear
- Whether DHS will finalize the rule, and when.
- Whether a final rule would give workers who are already between jobs any transition time.
Key dates
- Proposed rule published in the Federal Register
- Public comment period closes