DHS Proposed Rule Would End the 60-Day Grace Period After a Job Ends

September 11, 2026

Since 2017, foreign workers on employment-based visas are afforded a discretionary grace period of authorized stay of up to 60 days after the end of their employment. This gives such workers – whose legal status in the U.S. is tied to their job – a bit of time to prepare their departure from the U.S., look for other employment opportunities that could allow them to keep status, consider changing to a new status, or file a green card application (if eligible).

On September 11, 2026, the Department of Homeland Security proposed eliminating this discretionary grace period. This is only a proposed rule – the public has until November 10, 2026 to comment – so nothing changes today. However, should the rule become final, this change would have significant impacts for foreign workers who are terminated, or who simply wish to change jobs, as well as for their families.

What the grace period does now

Foreign workers who are in one of the employment-based statuses listed above currently are eligible for up to 60 days after a job ends before they are treated as being out of status (assuming that their underlying petition granted them status to at least that date). The 60 days aren’t automatic — USCIS can shorten or cancel them in an individual case — but in practice USCIS has mostly afforded workers this discretionary extension of authorized stay.

Within that window foreign workers can:

have a new employer file a petition to extend your status;

file to change to a different status; or,

file to adjust status to a green card, if eligible.

While the grace period does not confer work authorization in itself, it does give workers time to make arrangements to find new employment, or to wrap up affairs and leave the country without worrying about overstaying their visa or accruing unlawful presence.

What would change

Under the proposal, that grace period would go away. Foreign workers would be considered out of status the day after the job ends, and would be expected to leave the U.S. right away (unless something else independently allows them to stay). Spouses and children would be in the same position.

Practically, that means changing employers would often require leaving the country, waiting for a new petition to be approved, and then applying to come back.

What to do now

The discretionary grace period remains in place, and will continue to apply at least through the comment period and until any final rule takes effect, which is likely months away at the earliest.

However, if your job feels uncertain, it would be wise to start thinking through backup options early, rather than waiting until the rule is finalized.

If you’re in one of these categories and you’re unsure where you stand, you can contact one of our attorneys for a consultation.

September 11, 2026

DHS Proposed Rule Would End the 60-Day Grace Period After a Job Ends Since 2017, foreign workers on employment-based visas are afforded a discretionary grace period of authorized stay of up to 60...More