Potential Elimination of the 60-Day Grace Period for Certain Nonimmigrant Workers

The U.S. Department of Homeland Security (DHS) has submitted a proposed regulation that would eliminate the 60-day grace period currently available to certain nonimmigrant workers following the end of employment. The proposal is currently under review by the federal Office of Management and Budget (OMB). If it clears OMB review, the proposed rule is expected to be published in the Federal Reegister for public comment. 

The 60-day grace period has been in place since 2017 and applies to individuals in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN nonimmigrant classifications, as well as their dependents. Under current regulations, eligible individuals may be considered to have maintained their nonimmigrant status for up to 60 consecutive days following the end of employment, or until the end of their authorized validity period, whichever is shorter. 

If DHS ultimately eliminates the grace period, employees in affected nonimmigrant classifications whose employment ends before their authorized stay expires could have significantly less time to take immigration-related action. This could affect their ability to remain in the United States while seeking a change of employer or immigration status. Dependents could also be affected. 

At this time, no change has taken effect, and the current 60-day grace period remains in place. The specific terms and effective date of any change will not be known until DHS publishes a proposed rule and completes the federal rulem3xaking process. 

ISSS will continue to monitor developments and provide updates as additional information becomes available. For additional information and updates, employees may also consult Klasko Immigration Law Partners and Fragomen.