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US DHS temporary work visa policy changes

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What changed

2026-09-10 23:59 UTC → 2026-09-11 04:00 UTC · added ~~removed~~

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. ~~In a recent development,~~ 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.

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