VERIFIED NEWS · PROPOSED RULE

DHS proposes ending the 60-day grace period after certain jobs end

The September 11 notice starts a public-comment process. The current grace-period regulation remains in place unless DHS later issues a final rule.

Color still from an official USCIS H-1B electronic registration demonstration

Color video produced by USCIS and published February 21, 2020. The still depicts the agency's H-1B electronic registration process, one employment-based classification implicated by the proposal. It does not depict a job termination, a grace-period decision, or the September 11 rulemaking. Watch on the verified USCIS YouTube channel ↗

Official agency-produced color video with player controls and closed captions. It is supporting process media, not independent reporting.

What DHS is proposing

DHS proposes removing 8 C.F.R. § 214.1(l)(2), the provision that permits an officer to treat certain workers and their dependents as maintaining status for up to 60 consecutive days after the employment or activity supporting their status ends, or until the authorized validity period ends, whichever is shorter.

The listed principal classifications are E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN. The proposal also reaches their dependent classifications. DHS says the change would restore the policy that existed before the grace-period regulation was created.

The proposal is not current law

The Federal Register labels the document a notice of proposed rulemaking. It has no effective date. Written comments are due November 10, 2026. A later final rule would be required to change the regulation, and its text and timing could differ from this proposal.

What the agency says about possible effects

DHS acknowledges that some affected workers could lose income if they must leave the United States and later return for new employment. It also estimates a marginal increase in USCIS referrals to immigration court and a minor increase in workload for EOIR and ICE. Those are the agency's projected effects, not measured outcomes.

What this report does not claim

The proposal is not an ICE arrest operation, a CBP airport policy, a visa cancellation, or a decision in any individual case. It does not establish that every job loss currently ends status immediately.

Primary federal sources

Corrections: No corrections have been made. Any final rule or material docket update will be reported separately.