DHS proposes eliminating 60-day grace period for work visa holders

The U.S. Department of Homeland Security (DHS) has proposed a rule to eliminate the discretionary 60-day grace period that currently allows certain temporary work visa holders to remain in the country after losing their employment. Under the proposal, individuals on visas such as H-1B, L-1, O-1, and TN would be required to depart the United States immediately upon the termination of their job-contingent status, unless they obtain alternative legal authorization.

Homeland Security Secretary Markwayne Mullin stated that the current grace period may place an undue burden on immigration officers due to the additional paperwork required. The DHS argues that once the specific conditions of an individual's admission are no longer met, their authorization to remain should cease.

The proposal, titled ‘Eliminating the Discretionary 60-Day Grace Period’, is currently in the review stage. The public comment period is scheduled to close on November 10, 2026. The DHS will review these comments before deciding whether to move forward with a final rule, modify the proposal, or take other regulatory actions. The 60-day grace period remains in effect for all qualifying workers until a final decision is reached.