The U.S. Department of Homeland Security (DHS) published a proposed rule in the Federal Register on September 11, 2026 that would remove the discretionary up-to-60-day grace period currently available to certain employment-based nonimmigrant workers after qualifying employment ends. Reuters also reported the proposal on September 10. It is important to distinguish a proposed rule from a final rule: the change is not in force simply because it has been proposed.
Which visa categories are covered?
The proposal would remove the grace-period provision for E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN classifications, including relevant dependents. The Federal Register says the current regulation can provide a discretionary period of up to 60 days after employment or qualifying activity ends.
What could it mean for H-1B workers?
If the proposal is eventually finalized and takes effect, workers who lose qualifying employment could lose the current 60-day buffer and may need to secure another lawful basis to remain in the United States or leave the country much sooner. The exact consequences will depend on the final rule and each worker’s immigration status.
What should affected workers do now?
- Check the validity dates on your I-94, visa and immigration approval documents.
- If employment ends, seek advice promptly from a qualified U.S. immigration attorney rather than relying on social-media summaries.
- Track the Federal Register and DHS/USCIS updates for the public-comment process and any final rule.
- Do not treat this proposal as current law. The existing rules remain relevant until a final rule takes effect.
Official and independent sources
Federal Register: Eliminating the Discretionary 60-Day Grace Period
Reuters: DHS proposal and H-1B grace period
For related verified coverage, see TruthWave’s International section and India section.
Fact-check: The proposal’s status and covered visa categories were cross-checked against the Federal Register and Reuters reporting available on September 12, 2026. Disclaimer: This is general information, not individualized immigration legal advice.
