ARTICLE · 15 SEPTEMBER 2026
DHS Proposes Eliminating The 60-Day Grace Period For Foreign Workers Whose Employment Ends
The U.S. Department of Homeland Security has proposed eliminating the 60-day grace period that currently allows certain foreign workers to remain in the United States after their employment ends. This change would affect workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN visa categories, as well as their dependent family members, requiring them to depart immediately or secure new status when employment terminates.
Executive Summary
The U.S. Department of Homeland Security (DHS) has proposed eliminating the 60-day grace period for certain foreign workers whose employment ends. This proposal impacts individuals in various visa categories and their dependents. The current rule remains in effect until a final rule is published. The proposal does not affect the 10-day grace period at the end of an approved employment period.
The U.S. Department of Homeland Security (DHS) began the formal rulemaking process on September 11, 2026, by publishing a proposal to eliminate the 60-day grace period available to certain foreign workers after their employment ends.
The proposal affects individuals in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN status, as well as their dependent family members. It may affect workers who are laid off, terminated, resign, or lose their position because the business closes.
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