DHS proposes ending the 60-day grace period after a job ends

What changed

Today a worker in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN status whose job ends may get a discretionary grace period of up to 60 days, without working. DHS proposes ending it, so the worker and dependents would generally fall out of status the day after employment ends unless otherwise authorized to stay.

Who this affects

Employers with workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN status, and those workers’ dependents. An employer with no workers in these categories is not affected.

Exceptions that matter:

• Nothing changes unless DHS publishes a final rule with an effective date; until then the 60-day grace period still applies.

What to do

If you employ workers in these categories, plan any job ending with immigration counsel. The comment deadline is November 10, 2026. Nothing changes unless DHS issues a final rule.

Primary source: Federal Register, September 11, 2026. Part of Compliance Watch, Issue 04 (November 2, 2026). Last reviewed November 2, 2026.

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