The U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) are proposing a new rule that would eliminate the 60-day grace period currently afforded to certain visa holders, including those on H-1B visas, after they lose employment tied to their visa sponsorship. Under the proposed change, individuals would be required to depart the United States immediately upon cessation of their employment.
This proposed rule aims to restore a direct link between a nonimmigrant's status and their specific U.S. employment or activity, as well as reduce administrative burdens. According to the unpublished document, DHS believes this change would better promote program integrity and align with the statutory purpose of such visas.
Historically, before 2017, there was no grace period. The DHS established a 60-day grace period in a rule that took effect on January 17, 2017, shortly before the Trump administration took office. The proposal suggests that eliminating this grace period would also favor U.S. workers by potentially making more jobs available to them as employers would have less access to foreign-born labor.
The agency stated that removing the grace period would simplify processes, as determining the applicability of the grace period, reviewing associated information, and deciding whether to shorten or eliminate it can be time-consuming and complex for both the agency and the visa holders. The rule proposal is scheduled to be published in the Federal Register on September 11, 2026, and will be open for a two-month public comment period before potentially becoming final.