A significant DHS proposal deserves attention ahead of its comment deadline.
The agency proposes eliminating the discretionary grace period of up to 60 days following employment termination for certain nonimmigrant workers.
Affected classifications include H-1B, O-1, L-1, TN, E-1, E-2, E-3 and H-1B1, along with affected dependents.
If finalized as proposed, the rule would substantially narrow the time available after employment ends to arrange a qualifying transition or departure.
This is not effective law. The existing discretionary grace-period regulation remains in place.
DHS identifies November 10, 2026, as the public-comment deadline. The relevant docket is USCIS-2026-0364. Federal Register
Read the proposed rule and submit comments
For H1B Founders, this is especially consequential because founder employment changes and startup transitions can be complicated.