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How to Oppose DHS’s Proposal to Eliminate the 60-Day Grace Period (Free Comment Template Included)
The Department of Homeland Security (DHS) has proposed eliminating the up to 60-day grace period that lets E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN workers, and their families, remain in the United States after a job ends. The proposed rule was published on September 11, 2026 (91 Fed. Reg. 57,807), under docket number USCIS-2026-0364. Public comments are due Tuesday, November 10, 2026.
If the rule is finalized as proposed, a worker whose employment ends would be treated as out of status the very next day. That worker and every dependent family member would be expected to leave the United States immediately. There would be no time to find a new employer, file a change-of-employer petition, sell a house, break a lease, or finish a childâs school term.
Comment on DHS Proposal to Eliminate the 60-day Grace Period
The Center urges DHS to retain the 60-day grace period for certain employment-based nonimmigrants, emphasizing its importance to worker mobility, employer’s access to talent, and orderly workforce transitions.
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