DHS has proposed removing the up to 60-day grace period that currently allows certain nonimmigrant workers and their dependents to remain in lawful status after employment ends before their authorized stay expires.
The notice of proposed rulemaking, published September 11, 2026, targets classifications including E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN. The change would end the discretionary period under 8 CFR 214.1(l)(2) that lets individuals stay without engaging in the employment or activity that formed the basis of their admission.
DHS states the proposal would restore the direct relationship between maintaining nonimmigrant status and the original basis for admission. This is immigration news 2026 that affects visa updates and policy changes for workers who lose employment before their authorized period ends. The rule is not yet final.
Nonimmigrants in these classifications should monitor developments closely. Affected individuals may need to depart the United States sooner if employment ends. Consult an immigration attorney to review options under current rules while the proposal is under consideration.