On August 06, 2026, the Department of Homeland Security proposed a rule entitled “Eliminating the Discretionary 60-day Grace Period.” Details of the proposed regulation have not been disclosed.
What is the discretionary 60-day grace period?
The discretionary 60-day grace period is an allowed period of time for certain employment-based visa holders to remain in a period of authorized stay while unemployed. Ultimately, if an individual of a certain visa category loses their job, they typically have 60 days to either settle their affairs or look for a new job to sponsor them. For example, if an H-1B visa holder has an H-1B approval notice valid until January 1, 2028 and unfortunately gets laid off today, he will have 60 calendar days to either: (1) leave the U.S, (2) have another employer file an H-1B petition for him, or (3) file an application to change to another nonimmigrant status.
Who does this effect?
Details of the proposed rule are not clear, but this rule may affect most employment-based nonimmigrant visa categories, such as E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN nonimmigrants.
When will this rule come into effect
As of now, the full rule is being reviewed by DHS, which may take a few months. After it has been reviewed by DHS, it will be published to the public for a review and comment period of 30 to 60 days. After that comment period, the rule will need to be finalized – which may take a few more months. Our estimate is that this rule will be finalized by early 2027.
We will keep a close eye on this proposed rule and any other changes to come. Reach out to Murray Osorio if you have questions about how this proposed rule may affect your immigration status, employment, or options following a job loss. Our experienced immigration attorneys can help you understand your options and prepare for potential changes.