Eliminating the Discretionary 60-Day Grace Period

Open for public comment until Nov. 10, 2026. Comment on Regulations.gov

What it does

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.

The Homeland Security Department's summary, as published in the Federal Register.

What it would change

2 parts of Title 8 of the Code of Federal Regulations:

8 CFR 204, 8 CFR 214

Before this

No earlier Federal Register document under regulation identifier 1615-AD22 since Jan. 1, 2025.

What happens next and when

Written comments on the notice of proposed rulemaking (NPRM) must be submitted on or before November 10, 2026. The electronic Federal Docket Management System will accept comments before midnight eastern time at the end of that day.

The agency's dates, word for word.

Check it yourself

• The document in the Federal Register
• Docket USCIS-2026-0364 on Regulations.gov
• Title 8 on eCFR

The record as published

Source: the Federal Register (public domain). The document in the Federal Register