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2.0

DHS proposes rule to end 60-day employment grace period for H-1B and other visas

  1. Original Date Announced

    September 11, 2026

    DHS issued a notice of proposed rulemaking (NPRM) that would eliminate the 60-day grace period for H-1B, E, L-1, O-1, and TN visa holders to find new employment after a job loss. The grace period, codified at 8 C.F.R. § 214.1(l)(2) by the 2016 AC21 final rule, currently lets these workers remain in status for a period of time while they try to obtain a new employer petition, seek a change or adjustment of status, or apply for a compelling circumstances EAD. Under the proposal, workers and their dependents would fail to maintain status the day after employment ends and would be expected to depart immediately unless otherwise authorized to remain. Comments are due November 10, 2026.

    Trump 2.0 [ID #2395]

    2026.09.11 DHS NPRM - Eliminating the Discretionary 60-Day Grace Period

Current Status

None

Original Trump Policy Status

Status: Proposed
Trump Administration Action: Rule
Agencies Affected: DHS

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