DHS Moves to Eliminate 60-Day Grace Period for H-1B and Other Work Visas, Tightening Employment Ties

The Department of Homeland Security has proposed ending the discretionary 60-day grace period that currently allows holders of certain nonimmigrant work visas, including H-1B, L-1, O-1, E, and TN categories, to remain in the United States after losing their sponsoring job. The rule, signed by DHS Secretary Markwayne Mullin and published in the Federal Register on September 11, 2026, would require immediate departure upon cessation of employment unless another lawful basis to stay exists. DHS argues the change reduces administrative burdens on immigration officers and aligns status strictly with the employment conditions of admission, consistent with other nonimmigrant categories. Critics note potential disruptions for employers reliant on specialized foreign talent and limited immediate impacts on broader crime-related enforcement. This proposal reflects a stricter approach to visa compliance, where failure to maintain employment triggers swift status revocation. While not directly tied to criminal activity, such measures could indirectly support public safety goals by ensuring only authorized workers remain, though data on crime reduction from employment-based removals remains sparse compared to targeted criminal deportations. Employers may shift toward U.S. workers or expedite new petitions, as estimated by DHS. Public comments are open for 60 days.