DHS Nixes 60-Day Visa Grace Period for Job Losers
Published Date: 9/11/2026
Proposed Rule
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.
Analyzed Economic Effects
4 provisions identified: 0 benefits, 4 costs, 0 mixed.
End of 60-Day Grace Period
DHS proposes to remove the regulation that allowed up to a 60-day discretionary grace period in 8 CFR 214.1(l)(2). If this rule is adopted, aliens in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications (and their dependents) would generally be required to depart the United States immediately upon cessation of the employment or activity that formed the basis of their status, unless they are otherwise authorized to remain.
Higher Risk of Removal Proceedings
DHS states that removing the up-to-60-day grace period could lead some affected aliens to be issued Notices to Appear (Form I-862) and enter removal proceedings under section 240 of the Act. You could face costs and time commitments from immigration hearings if DHS refers you to the Executive Office for Immigration Review (EOIR).
Dependents Lose Discretionary Stay
If the rule is finalized, dependents of the listed nonimmigrant workers (including spouses and children) would no longer automatically be allowed to remain in the U.S. for up to 60 days after the principal's employment ends. For example, dependent spouses or children who previously could remain during that discretionary 60-day period would generally have to leave immediately when the principal stops the qualifying activity unless they have other authorization.
Limits on Filing Extensions or Status Changes After Job End
DHS explains that the proposed removal of the 60-day discretionary grace period would mean aliens whose employment ends would generally not be able to rely on that grace period when filing for an extension of stay or a change of status. You would generally need to be maintaining your nonimmigrant status at the time you file certain extension or change requests, so departure upon cessation of employment could prevent filing or approval.
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Key Dates
Department and Agencies
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