DHS proposes to remove the up-to-60-day grace period that lets E, H-1B, H-1B1, L-1, O-1 and TN workers, and their dependents, stay in status after their job ends. They would generally have to leave right away unless something else lets them stay. It is a proposal. Comments close November 10, 2026.
On September 11, 2026, DHS published a proposed rule to remove 8 CFR 214.1(l)(2). That regulation lets workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN status, and their dependents, stay in the United States for up to 60 days, or until the end of their authorized validity period if that comes first, after their job ends, without being treated as out of status. DHS can shorten or eliminate the period in its discretion.
Under the proposal, a worker whose job ends would generally be expected to leave the United States immediately, unless something else authorizes them to stay.
DHS gives two reasons. It says the grace period disconnects a worker’s status from the job that is the basis for it, and that checking for the grace period is an administrative burden: from October 1, 2017 through May 20, 2026, more than 1.9 million petitions or applications potentially needed that extra check.
DHS acknowledges costs. Some workers may lose income because they would have to leave and seek readmission instead of starting a new job from inside the country, and some may be issued Notices to Appear in immigration court. DHS considered removing the grace period for only some classifications, or shortening it, and rejected both.
This is a proposal. The 60-day grace period still applies until a final rule is published and takes effect. Comments are due by November 10, 2026, through regulations.gov, docket USCIS-2026-0364. As of October 30, 2026, regulations.gov showed 26,854 comments.
If you are on an H-1B, L-1, O-1, E or TN visa and your job ends early — you are laid off, you resign, or the employer ends the job — the current rule gives you up to 60 days, or until your authorized stay ends if that is sooner, before you are treated as out of status. People use that time to find a new employer who can file for them, to file for a different status, or to prepare to leave. DHS can shorten the period or take it away in an individual case.
The proposal would remove that rule. DHS says that because these visas are tied to a specific job or activity, a worker whose job ends should leave right away, unless something else lets them stay.
The grace period has existed since January 17, 2017, when the AC21 final rule took effect. Before that, DHS says, workers whose employment ended were generally considered out of status starting the next day.
The proposal removes only the 60-day rule. A separate rule allows up to 10 days after the end of an approved validity period (8 CFR 214.1(l)(1); for O-1 workers, 8 CFR 214.2(o)(12)). DHS notes that it does not help someone whose job ends earlier.
Nothing changes yet. A proposed rule is a draft. DHS must review the comments and publish a final rule before the 60-day grace period goes away.