USA, September, 2026 - Foreign professionals working in the United States in certain employer-sponsored or employment-based non-immigrant classifications could face a significantly shorter window to make immigration arrangements if a new Department of Homeland Security (DHS) proposal takes effect.

On September 11, 2026, DHS published a proposed rule that would eliminate the discretionary 60-day grace period currently available to workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN classifications following the cessation of qualifying employment or activity. Under the current regulation, eligible workers and their dependents may generally be considered to have maintained status for up to 60 days, or until the end of their authorised validity period, whichever is shorter.

"This grace period gives workers important time to evaluate their immigration options after an unexpected termination," said Patrick Klauss from Berd & Klauss, PLLC a full-service U.S. immigration law firm. "If the proposed rule is finalised, affected workers may have considerably less time to secure another immigration option or make arrangements to depart the United States."

Under current regulations, workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN status, along with their dependents, may receive up to 60 consecutive calendar days following the cessation of employment or qualifying activity, or until the end of the authorised validity period, whichever is shorter. USCIS describes this as a discretionary grace period during which the worker may be considered to have maintained non-immigrant status.

The proposed rule would remove this grace-period provision. If finalised as proposed, affected non-immigrants would generally be required to depart the United States upon failure to maintain the employment or activity that formed the basis of their status, unless they are otherwise authorised to remain in the country.

What Affected Workers Should Do Now

Berd & Klauss, PLLC recommends that workers who may face termination review their immigration options promptly and consider:

• Consulting an immigration attorney after a layoff or employment termination to determine what options may be available based on their individual circumstances.

• Exploring a new-employer petition where permitted. For certain H-1B workers, portability rules may allow employment with a new employer after the appropriate petition is filed, subject to applicable requirements.

• Considering a change or adjustment of status, where eligible, if another employment-based option is not immediately available.

• Keeping documentation of the employment termination date, including termination notices and relevant employment records, because timing can be important when evaluating immigration options.

The proposed rule is not currently a final rule and remains subject to the federal rulemaking process. DHS is accepting public comments on the proposal, and the final rule could differ from the proposal.

Berd & Klauss, PLLC is monitoring the rulemaking process and advises individuals and employers on immigration planning and available options following employment changes.

About Berd & Klauss, PLLC

Berd & Klauss, PLLC is a full-service immigration law firm representing clients before USCIS, the Department of State, EOIR, and federal courts. The firm assists with family visas, business immigration, deportation defense, and citizenship applications.