Last week, the Department of Homeland Security (“DHS”) published its long-awaited proposal for eliminating the discretionary 60-day grace period from the Federal Register. If finalized as proposed, this rule would eliminate the current grace period available to employment-based visa holders who lose their jobs. The public comment period will remain open until November 10, 2026.
Where the Grace Period Came From
Before 2017, employment visa holders were expected to depart as soon as their employment ended, regardless of how much time was left on their authorized period of stay. In November 2016, during the final days of the Obama administration, DHS issued a final rule creating the 60-day grace period, which took effect on January 17, 2017 – three days before President Trump’s inauguration. This rule granted workers in specific visa categories up to 60 days (or until the end of the authorized stay, whichever was sooner) to get their affairs in order by finding a new sponsor or otherwise determining their next course of action. Though DHS previously had the authority to terminate or shorten that period on a discretionary basis, it did so very infrequently. move. DHS could always shorten or cut that window in individual cases, but rarely did.
What the Proposed Rule Would Do
If this rule goes through, it would:
- Strike the 60-day grace period from federal regulations entirely.
- End a worker’s authorized stay the moment their job ends, rather than letting it run until their original expiration date or the 60-day mark.
- Require departure from the U.S. once employment stops, rather than allowing a stay to search for a new employer.
- Cut off dependents, spouses and children, from remaining in the country once the primary worker’s status lapses.
Who’s Affected
The proposal touches every visa category currently covered by the grace period:
- H-1B.
- H-1B1.
- E-1.
- E-2.
- E-3.
- L-1.
- O-1.
- TN.
Dependents in these categories would feel the impact too.
What Happens Now
For now, nothing has changed. The 60-day grace period remains in place while the rule goes through the commenting process. According to DHS, it will either revise, finalize or withdraw the proposed rule based on feedback from the public.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.