The Department of Homeland Security (DHS) submitted a proposed rule change that would fundamentally change nonimmigrant workers’ residential status in the U.S.

DHS, through U.S. Citizenship and Immigration Services, is asking the White House’s Office of Information and Regulatory Affairs (OIRA) to review a rule that allows a discretionary 60-day grace period for qualifying visa holders, such as H-1B workers and others. USCIS wants the White House to end this grace period, which would reduce the window for nonimmigrant workers to legally remain in the U.S. after a job ends, limiting opportunities for extended unauthorized presence while workers search for new sponsorship or prepare to leave.

The key language sits in 8 CFR 214.1(l)(2). It says that someone in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN status doesn’t automatically fall out of legal status just because the job that got them the visa ends. They get up to 60 consecutive days, or until the end of their authorized stay, whichever comes first. This rule was sold as a way to help high-skilled workers move between jobs without having to travel back to their home countries. It gave people time after a layoff or resignation to find a new employer, file a change of status, or leave. It also added short 10-day cushions before and after the main validity period in related categories. From the start, DHS held discretionary authority over the 60-day extension. It had the authority to cut it short in individual cases. What DHS is asking for now is to simply use that authority broadly.

#BREAKING: DHS moves to scrap 60-day job grace period for laid-off H-1B workers.— Insider Wire (@InsiderWire) August 9, 2026

#BREAKING: DHS moves to scrap 60-day job grace period for laid-off H-1B workers.

Ending the grace period wouldn’t just affect immigrant workers but their dependents too.

DHS data from FY 2024 doesn’t provide a clear number of how many principal workers currently in these categories who live in the U.S. Still, DHS data shows there are about 1.7 million temporary workers residing in the U.S. This number includes more categories than those who would be affected by the rule change. However, synthesizing the DHS........

© The Daily Caller