Eliminating the Discretionary 60-Day Grace Period
Key claim: DHS proposes to eliminate the 60-day grace period that certain temporary work-visa holders and their families currently receive after a job ends, so they would lose lawful status as soon as employment stops.
Abstract
(Proposed Rule · Homeland Security Department) The Department of Homeland Security (DHS) proposes to remove regulations at 8 CFR 214.1(l)(2) to restore its previous and long- standing policy of not providing aliens in certain nonimmigrant classifications (and their dependents) with an up to 60-day grace period upon cessation of employment prior to the expiration of the alien’s authorized period of stay. This proposal restores a direct relationship between an alien’s nonimmigrant status and the specific employment or activity that formed the basis of his or her admission or grant of status in the United States and reduces administrative burden.
Why this matters
The 60-day grace period is the main cushion that lets H-1B, L-1, O-1, E, and TN workers (and their families) remain lawfully present after a layoff while they search for a new sponsor, change status, or arrange departure. Eliminating it would mean status ends the day employment does, shrinking the practical margin for error in an already time-pressured system and increasing the risk of unlawful presence, work-authorization gaps, and forced rapid departures for a large affected population.