Eliminating the Discretionary 60-Day Grace Period
Agency: Homeland Security Department
Document #: 2026-18631
Published: September 11, 2026
Comments close: November 10, 2026
Docket: CIS No. 2858-26
Who this affects
- H-1B specialty workers
- Other nonimmigrants who currently get a 60-day grace period after job loss (L-1, O, TN, and similar)
Inferred from the official title and Federal Register summary. Confirm on the official document — not legal advice.
Summary
The Department of Homeland Security (DHS) proposes to remove regulations at 8 CFR 214.1(l)(2) to restore its previous and long- standing policy of not providing aliens in certain nonimmigrant classifications (and their dependents) with an up to 60-day grace period upon cessation of employment prior to the expiration of the alien's authorized period of stay. This proposal restores a direct relationship between an alien's nonimmigrant status and the specific employment or activity that formed the basis of his or her admission or grant of status in the United States and reduces administrative burden.
