USCIS Proposes Eliminating the Discretionary 60-day Grace Period

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.