On September 11, 2026, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM) titled "Eliminating the Discretionary 60-Day Grace Period." The proposed rule would eliminate the discretionary grace period of up to 60 days that individuals in E–1, E–2, E–3, H–1B, H–1B1, L–1, O–1, or TN status may receive if and when their employment ends before their approved period of status ends. The NPRM does NOT affect individuals in other non-immigrant statuses, such as F-1 and J-1 status.
DHS is inviting comments on the NPRM, which it must consider before finalizing, publishing, and implementing this regulatory change. Until the regulatory proposal is finalized and implemented, the discretionary grace period remains available to individuals who otherwise qualify.
The International Center is monitoring this proposal and will update this announcement as warranted.