DHS Moves to Eliminate the 60-Day Grace Period for Nonimmigrant Workers
On September 11, 2026, the Department of Homeland Security (DHS) published a notice of proposed rulemaking that would eliminate the up-to-60-day grace period currently available to nonimmigrant workers whose employment ends before their authorized stay expires.
The grace period continues to remain in effect unless and until DHS publishes a final rule. The public comment period closes on November 10, 2026.
The current 60-day grace period
An individual holding E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN status whose employment ends currently has up to 60 days, or until the petition validity period ends if sooner, without being treated as out of status. Dependent spouses and children receive the same protection. That window of time allows individuals to change employers, file a change of status, file for another benefit, or otherwise take time to depart the United States.
This grace period has existed since January 2017, created by the AC21 rule.
What the proposed rule would change
DHS proposes to remove the grace period entirely, for all eight classifications and their dependents. If finalized as written:
An affected individual would fail to maintain status the day after employment ends, even with time remaining on the I-94.
That individual would be expected to depart the United States immediately unless separately authorized to remain.
Failure to maintain status makes a person deportable, and USCIS could issue a Notice to Appear (NTA).
Dependents lose status at the same moment. Any connected work authorization would also end for the dependent.
An extension of stay generally cannot be approved for someone who has already failed to maintain status, and a change of status generally requires that the person be maintaining status when the application is filed. Without the grace period, the familiar sequence of losing a job on Friday and having a new employer file a change-of-employer petition with an extension request two weeks later becomes far more precarious.
By the numbers
According to the proposal's own data:
An annual average of 65,752 primary beneficiaries in these classifications experienced a job loss or employer change in FY 2021 through FY 2025. About 99 percent are in H-1B status.
Of those, roughly 3,795 per year had a new I-129 filed by a new employer within the 60-day window, about 1,119 filed Form I-539, about 385 filed Form I-485, and about 10 filed for a compelling circumstances EAD.
From FY 2021 through FY 2025, an average of 208,187 dependents per year were approved in these classifications.
In FY 2025, USCIS issued 37 NTAs to H-1B beneficiaries for failing to maintain status beyond the grace period.
How to comment
Public comments are due on or before November 10, 2026, and must be submitted through the Federal eRulemaking Portal at regulations.gov under DHS Docket No. USCIS-2026-0364. Employers and employees who are impacted should consider submitting written comments.
Comments carry more weight when they reference a specific portion of the proposed rule, explain what should change and why, and include data, documentation, or legal authority. Anything submitted is posted publicly, including personal information, so consider how much identifying detail is included.
This post is provided for general information only about a proposed regulation. It is not legal advice, and it does not create an attorney-client relationship. If your employment situation is changing, talk to an attorney about your specific circumstances.