USCIS Proposes Eliminating 60-Day Visa Grace Period
A new proposed rule would end the 60-day discretionary grace period for certain nonimmigrant visa holders after their employment ends, requiring immediate departure or a change of status.
U.S. Citizenship and Immigration Services (USCIS) has published a proposed rule to eliminate the 60-day discretionary grace period that certain nonimmigrant workers may receive after their employment is terminated. This long-standing policy allows individuals in classifications such as H-1B, L-1, and O-1 a window to find a new sponsoring employer, change to a different visa status, or prepare to depart the country without being considered unlawfully present. The removal of this buffer would create significant challenges for both employers and their foreign-national employees, introducing immediate immigration consequences upon job separation.
According to the proposal, USCIS believes the grace period "disconnects the alien’s lawful status from the very basis of eligibility" and that its elimination would ease administrative burdens. For employers, this change could complicate workforce management, including layoffs and terminations, and may impact talent retention strategies. Affected employees would face immense pressure, with no time to secure new sponsorship or manage personal affairs. Stakeholders should monitor the proposal, as comments are due by November 10, 2026, and consider submitting feedback on its potential operational and human impact.