The headline is a proposal, not a change already in force
The Department of Homeland Security published a notice of proposed rulemaking on September 11, 2026, that would remove the regulatory up-to-60-day grace period after qualifying employment ends. Written comments are due by November 10, 2026, under DHS Docket No. USCIS-2026-0364.
Because this is a proposed rule, it does not itself erase the current regulation. A final rule would have to be issued before the proposal could change the law. Workers, employers and families should avoid treating a social-media headline or the comment deadline as an effective date.
Who the proposal names
The proposal covers principal nonimmigrants in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN classifications, along with their dependent spouses and children. It targets the grace period that may follow cessation of the employment or activity supporting the principal worker's status before the approved validity period ends.
It does not describe every employment-based immigration category, and it does not convert a layoff into an automatic visa revocation. The practical consequences depend on the person's classification, I-94, petition validity, last day of qualifying activity, later filings and other facts.
What the current rule provides while the proposal is pending
Current 8 CFR 214.1(l)(2) allows DHS, as a matter of discretion, to treat a covered worker and qualifying dependents as maintaining status for up to 60 consecutive days after employment or qualifying activity stops, or until the end of the authorized validity period, whichever is shorter. It generally may be used once during each authorized validity period.
The grace period does not itself authorize employment. It can provide time for an eligible new employer petition, a change-of-status request, an adjustment filing or departure, but the right step is case-specific. USCIS can shorten or eliminate the discretionary period when it later reviews a benefit request.
What DHS says would happen if the proposal is finalized
Under the proposed text, a covered principal worker whose qualifying employment ends would no longer receive the regulatory up-to-60-day period. DHS says the worker and dependents would be considered to have failed to maintain status beginning the day after the employment or activity ends unless another basis authorizes them to remain.
The proposal does not remove the separate, limited post-validity grace provision described in 8 CFR 214.1(l)(1). That provision concerns time after an authorized validity period ends; it should not be confused with the job-loss grace period at issue here.
Build a contingency file before any job separation
A worker facing termination, a status deadline or international travel should seek individualized advice from a licensed immigration attorney quickly. Filing strategy can affect the worker, dependents and an employer, and a missed day may matter if a later rule changes the available period.
- Save the latest Form I-94, approval notice, petition validity dates and visa-classification documents.
- Keep the offer letter, recent pay statements and a written record of the actual last day worked.
- Ask a prospective employer to obtain advice about petition timing before promising a start date.
- Do not work during a grace period unless a separate rule or authorization permits it.
- Track the Federal Register docket for a final rule rather than relying on reposted summaries.
The practical takeaway
As of September 28, 2026, the up-to-60-day rule remains in the regulations and the government proposal remains open for public comment. The accurate sentence is not “the grace period ended”; it is “DHS has proposed ending it.”
This explainer reports the proposal's status and is not legal advice. It does not decide whether a particular worker qualifies for any grace period, extension, change of status or employment authorization. Original Documentation is independent of the U.S. government.