# US DHS temporary work visa policy changes

> Live situation record from CLSTR: https://clstr.news/situations/us-dhs-temporary-work-visa-policy-changes
> Updated: 2026-09-10T17:10:58.000Z. Sources: 28. Developments: 2.

The US Department of Homeland Security (DHS) is considering several regulatory changes affecting temporary work visa holders. Initially, the agency added a long-term proposal to its regulatory agenda titled “Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorization.” This measure aims to reverse a 2015 policy by removing employment authorization for certain H-4 spouses of H-1B visa holders.

Following this, the DHS published a new proposal in the Federal Register titled “Eliminating the Discretionary 60-Day Grace Period.” This rule would eliminate the 60-day period currently granted to H-1B and other temporary workers to find new employment or change status after job loss. The proposal would also cause H-4 dependents to lose legal status immediately upon the primary holder’s job loss.

DHS clarified that the proposed rule to end the grace period would affect multiple visa categories, including H-1B, L-1, O-1, E-1, E-2, E-3, H-1B1, and TN. DHS stated the move is intended to “restore a direct link between a worker's status and their specific employment” while reducing administrative burdens. 

The agency noted that while the change could cause disruptions for businesses, it assumes companies would offer similar positions to equally qualified U.S. workers. Legal experts suggest the change could significantly impact the technology and services sectors, particularly for professionals from India and China, by removing the time currently used to secure new sponsorship or arrange departure. The proposal is currently subject to a two-month public comment period.

## Claims

- The current 60-day grace period was established in 2017. (corroborated by 15 sources)
- The proposed rule would affect workers on E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN visas, as well as their dependents. (corroborated by 8 sources)
- The proposal is subject to a two-month public comment period before it can be finalized. (corroborated by 7 sources)
- The proposed rule aims to restore a direct connection between a worker's nonimmigrant status and their underlying employment or activity. (corroborated by 6 sources)
- DHS presumes that affected companies will either offer the same positions to equally qualified US workers or use the I-129 petition process. (corroborated by 6 sources)
- Eliminating the grace period would reduce the administrative burden involved in determining its applicability during adjudication. (corroborated by 3 sources)

## Timeline

### 2026-09-10: US DHS proposes ending 60-day grace period for H-1B and other work visas

The US DHS has proposed eliminating the 60-day grace period for H-1B and other temporary work visa holders, potentially requiring them to leave the country immediately upon job loss.

27 sources. https://clstr.news/cluster/us-department-of-homeland-security-proposes-ending-h-1b-grace-period

### 2026-08-31: US Department of Homeland Security reviews H-4 spouse work permit changes

The US Department of Homeland Security is reviewing a proposal to end work permits for certain H-4 spouses of H-1B visa holders, potentially reversing a policy established in 2015.

3 sources. https://clstr.news/cluster/us-department-of-homeland-security-reviews-h-4-spouse-work-permit-changes

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Cite as: US DHS temporary work visa policy changes. CLSTR, https://clstr.news/situations/us-dhs-temporary-work-visa-policy-changes