In Washington, the public comment period on a Department of Homeland Security (DHS) proposed rule titled "Eliminating the Discretionary 60-Day Grace Period" closes before midnight Eastern Time on Tues
Under the current rule at 8 CFR 214.1(l)(2), workers in the E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN classifications — and their dependents — may receive a discretionary grace period of up to 60 days after their qualifying employment ends, during which they are not considered to have failed to maintain status solely because they stopped working. The grace period does not itself authorize employment, and DHS may shorten or eliminate it in individual cases as a matter of discretion.
The proposal would delete 8 CFR 214.1(l)(2) and make a related technical change at 8 CFR 204.5(p)(1)(i). If finalized as proposed, affected workers and dependents would fail to maintain status beginning the day after the principal's qualifying employment ends, and the separate admission periods of up to 10 days would not replace that protection after a mid-validity termination. The proposal specifies no implementation date and no transition protection for a grace period already underway.
Comments are submitted through the Federal eRulemaking Portal, Regulations.gov, under docket USCIS-2026-0364. Portal records as of November 2 showed 27,123 comments filed on the proposal. After the comment period closes, DHS must review the comments before deciding whether to issue a final rule; until a final rule is published and takes effect, the current 60-day grace period continues to apply.
来源：国土安全部拟议规则《取消裁量性60天宽限期》，《联邦公报》91 FR 57807（2026年9月11日），案号 USCIS-2026-0364（联邦政府规则原文，经规则追踪页转述核对） https://news.missimmigrantusa.com/2026/11/05/dhs-proposes-ending-60-day-grace-period-h1b-workers-2026/ ；雇主合规说明（Davis Wright Tremaine 律所，2026年11月5日） https://immigration.dwlaw.com/2026/11/05/preventing-work-authorization-gaps-an-employers-guide-to-immigration-changes/
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Source: 美国国土安全部（联邦公报提案
Published by GSM · USA (original Chinese edition)
Photo: 美国国土安全部总部（资料图）。（Wikimedia Commons）|U.S. Department of Homeland Security headquarters (file photo). (Wikimedia Commons)
