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ARTICLE · 21 SEPTEMBER 2026

DHS Proposes Eliminating 60-Day Grace Period For Certain Nonimmigrant Workers

The Department of Homeland Security (DHS) has published a proposed rule eliminating the 60-day grace period currently available to certain employment-based nonimmigrant workers after their employment ends.

United StatesImmigration

The Department of Homeland Security (DHS) has published a proposed rule eliminating the 60-day grace period currently available to certain employment-based nonimmigrant workers after their employment ends.

If finalized as proposed, the rule would affect foreign nationals in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN status, as well as their dependents.

It is important to note the proposed rule is not currently in effect as it is subject to a 60-day public comment period. DHS must review and respond to comments before issuing any final rule, which would then need to be published with an effective date.

The existing 60-day grace period remains available under current regulations while the rulemaking process continues.

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