The 60-day grace period remains in effect

August 7, 2026

DHS is reviewing a proposal that could change the rule, but a proposal under review is not current law. Employers can continue planning under the existing grace-period regulation unless and until a final rule changes it.

The current rule has not changed

The Office of Information and Regulatory Affairs lists a DHS and USCIS action titled “Eliminating the Discretionary 60-day Grace Period.” It is identified as a proposed rule received for review on August 6, 2026, and its detailed text will not be known until publication.

OIRA review is a pre-publication step. A proposed rule ordinarily must be published, accept public comment, and later be finalized before it changes the regulation. The current provision has not disappeared merely because a proposal entered review.

How the current grace period works

Current regulations allow a discretionary grace period of up to 60 consecutive days, or until the end of the authorized validity period if sooner, after employment ends for certain E, H-1B, L-1, O-1, and TN employees and their dependents. It is generally available once during each authorized validity period, and DHS retains discretion to shorten or deny it.

“Up to 60 days” is important: the period is not automatically guaranteed in every case, and it can end earlier with the employee’s authorized validity period. It also is not permission to keep working.

What the proposal could change

The action’s title signals that DHS is considering eliminating the discretionary grace period, but the exact scope, timing, exceptions, and transition terms cannot be evaluated until proposed text is published.

A regulatory agenda entry does not change an employee’s status. The proposed text must first be published. If DHS later issues a final rule, that document will state whether the current regulation changes and when the change takes effect.

What employers can do when a role ends

Start an immigration review promptly. The employee’s I-94 end date, petition validity, final day worked, dependents, pending cases, and travel plans will help counsel identify the available options. A new-employer filing, change of status, or planned departure may be relevant depending on the facts.

Give the employee accurate dates and timely access to immigration guidance. The company can continue to follow the current rule while counsel monitors official publication for a future change.

What to do now

The proposal under review has not eliminated the 60-day grace period.
The current rule offers up to 60 days for certain classifications; it is discretionary and may end sooner.
A grace period is not permission for an employee to continue working.
Employer teams should use official publication to determine whether a future change takes effect.

Sources

This article provides general information and is not legal advice. Immigration outcomes depend on individual facts and current agency guidance.