USCIS Proposes Eliminating the Discretionary 60-day Grace Period

Update:

On September 11, 2026, USCIS published a proposed rule to change its regulations to eliminate the discretionary up to 60 day grace period: Federal Register :: Eliminating the Discretionary 60-Day Grace Period. USCIS is accepting comments on this rule until November 10, 2026.

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On August 27, 2026, the Office of Management and Budget (OMB) completed its review of a regulation to eliminate the 60-day grace period granted to individuals in nonimmigrant status whose employment terminates before the end of their permitted stay.

The details of the regulation have not yet been published as it is still a proposed rule, but the details should be made public once the regulation moves to the question and comment period.

If the regulation passes, nonimmigrants who lose their job prior to the end of their permitted stay will need to take immediate action instead of having a 60-day grace period within which to do so. The action may require immediate filing to change or extend their status, or departing from the U.S.. This will be a significant shift from the current discretionary 60-day grace period that is allowed one time per admission.

Background:

The 60-day grace period was added in 2017 and applies to H-1B, H-1B1, L-1, O-1, TN, E-1, E-2, and E-3 workers as well as their dependents. Currently, when an employer terminates a temporary worker in one of these categories before the end of the authorized period of stay, the worker may generally remain in valid status for up to 60 days. During this grace period, the individual may seek sponsorship with another employer, change to a new status, or arrange to leave the United States without concerns about being out of status. A grace period enables individuals to make other arrangements following an unexpected termination as well, including addressing a spouse’s employment or a child’s schooling.

If the rule is finalized as anticipated, employees who are terminated early from their positions and their family members may need to leave the United States immediately and (if they wish) apply for new status from abroad at a U.S. embassy or consular post. Where practical, employers may wish to consider providing advance notice of termination to give affected employees time to make arrangements or seek sponsorship from another employer. For H-1B employees, in certain circumstances involving employer-initiated termination, the employer must offer to pay the reasonable cost of the employee’s return transportation abroad.