The Department of Homeland Security (DHS) proposes eliminating the discretionary 60-day grace period that allows certain employment-based visa holders to remain in the U.S. after their jobs end. We first reported on this in our most recent newsletter, but DHS has now formally moved forward with a Notice of Proposed Rulemaking. The proposal would affect H-1B, H-1B1, L-1, O-1, E-1, E-2, E-3 and TN workers and their dependents.

Under the proposed rule, covered workers generally would no longer maintain status after their qualifying employment ends unless they have another lawful basis to remain in the U.S.

DHS says the change would address what it considers statutory and administrative concerns. The agency confirms the loss of the grace period will impact thousands of workers annually.

The proposal is not yet final. The existing 60-day grace period remains in effect unless DHS ultimately publishes a final rule changing it. We will continue to monitoring these developments and update this page as additional information becomes available.