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60-day grace period eliminated

Proposed rule, comments open through Nov 10
Updated Sep 11, 2026 H-1BH-4Other

DHS proposes to delete 8 CFR 214.1(l)(2), the up-to-60-day grace period after job loss for E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers and their dependents (H-4, L-2, O-3, E, TD). If finalized, status ends the day employment ends unless another basis to stay exists. The 10-day grace periods before and after the petition validity window (214.1(l)(1)) are not touched. Still in effect until a final rule takes effect.

中文DHS 提议删除 8 CFR 214.1(l)(2),即失业后最长 60 天的 grace period,涉及 E-1、E-2、E-3、H-1B、H-1B1、L-1、O-1、TN 及其家属(H-4、L-2、O-3 等)。若最终生效,失业当天身份即终止,除非有其他合法身份依据;签证有效期前后的 10 天 grace period 不受影响。目前仍是提案,评论期至 2026 年 11 月 10 日,规则尚未生效。

Timeline

  1. AC21 final rule creates the 60-day grace period (8 CFR 214.1(l)(2)); effective Jan 17, 2017
  2. DHS NPRM 'Eliminating the Discretionary 60-Day Grace Period'; comments through Nov 10, 2026 (Docket USCIS-2026-0364, RIN 1615-AD22)
  3. Coverage: applies to H-1B, L-1, O-1, E, TN and dependents, not H-1B only Law firm summary

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