DHS Proposes End to 60-Day Post-Employment Visa Grace Period
A proposed rule would eliminate the discretionary 60-day period for certain nonimmigrant workers to remain in the US after their job ends, requiring immediate departure or a pre-arranged alternative status.
The U.S. Department of Homeland Security (DHS) has proposed a rule to eliminate the 60-day discretionary grace period for many key nonimmigrant worker classifications, including H-1B, L-1, and O-1. Under current practice, this grace period allows workers whose employment has ended to secure new sponsorship, apply for a change of status, or arrange their affairs before departing the country. Eliminating this buffer would require affected workers to leave the U.S. immediately upon job loss unless they have an independent, pre-existing basis to remain. For employers, this change would heighten the stakes of termination decisions and could complicate recruitment of skilled workers already in the U.S. It would necessitate more proactive immigration planning around hiring and separation, potentially affecting notice periods and severance arrangements. The proposal is currently open for public comment until November 10, 2026. Employers of foreign nationals should monitor developments and consult counsel to prepare for potential shifts in compliance and talent management strategy.