Government Proposes Ending 60-Day Grace Period for Some Workers
The government wants to stop letting some temporary workers stay for 60 days after their job ends.
Affects: E1, E2, E3, H1B, L1, O1, TN · Source: Federal Register
What happened
The U.S. government has suggested a new rule. This rule would get rid of a special time period for some temporary workers.
Right now, certain workers can stay in the U.S. for up to 60 days after their job ends. This is called a grace period.
If this new rule becomes final, these workers would have to leave the U.S. right away when their job stops.
The bigger picture
For some time, many temporary workers in the U.S. have had a 'grace period.' This rule allowed them to stay in the country for up to 60 days after their job ended or their visa activity stopped. This extra time was helpful. It gave people a chance to find a new job, apply for a different type of visa, or get ready to move back to their home country.
The government says it wants to make immigration rules simpler and clearer. They believe that when a worker's authorized job ends, they should leave the U.S. right away. The government also thinks this change will help reduce the amount of paperwork and processing time for immigration offices.
What this means for you
H1B workers
If this proposed rule becomes final, H1B workers would no longer have the 60-day grace period. This means that if their job ends, they would need to leave the U.S. immediately. They would only be able to stay if they had already secured another valid visa status or had an approved change of status.
L1 workers
L1 workers would also lose the ability to stay for 60 days after their employment ends. Like H1B workers, they would be expected to depart the U.S. right after their work stops. This change would require quicker planning if their job situation changes.
E1, E2, E3, O1, TN workers
Workers holding E-1, E-2, E-3, O-1, or TN visas would also be directly affected by this proposal. They would no longer have the extra time to remain in the U.S. after their authorized work stops. They would need to leave the country promptly unless they have another legal way to stay.
All immigrants
This proposed rule specifically targets certain temporary work visas. It does not directly change anything for people who are applying for a green card or other types of immigrant visas. Most other immigrants would not see a direct impact from this specific proposal.
What you should do
- Nothing right now — this is only a proposed rule. You can submit comments to the government if you wish, but the current rules for grace periods are still in place.
Key dates
- 2026-09-11: Government announced this proposed rule
- 2026-11-10: Last day to submit comments on the proposed rule
Words explained
- Discretionary
- This means someone in power can choose whether or not to allow something; it's not a fixed rule.
- Grace Period
- A short extra time allowed for someone to do something, like staying in the country after a job ends.
- Nonimmigrant
- A person who comes to the U.S. for a specific, temporary reason, like work or school, and plans to go back home.
- Proposed Rule
- A suggestion for a new rule that the government is thinking about making. It is not a final law yet.
- Federal Register
- A daily newspaper published by the U.S. government that announces new rules, proposed rules, and other official notices.
Common questions
What is the 60-day grace period?
The 60-day grace period is a special rule that lets some temporary workers stay in the U.S. for up to 60 days after their job ends. This gives them time to find a new job, change their visa, or get ready to leave.
When would this new rule start?
This is just a proposed rule right now, so it is not in effect. The government is asking for public comments until November 10, 2026. After that, they will decide if and when to make it a final rule.
What should I do if I am on one of these visas?
Right now, you don't need to do anything because this is only a proposal. It's good to know about it, but the current rules still apply. If you are worried, you can talk to an immigration lawyer for advice.
Can I tell the government what I think about this rule?
Yes, the government is asking for comments from the public. You can submit your thoughts about this proposed rule online until November 10, 2026. They will review all comments before making a final decision.
This is a plain-English explanation, not legal advice. Confirm with the official source or a licensed immigration attorney.