Eliminating the Discretionary 60-Day Grace Period
This is a PROPOSED rule. It is not in force, may change before finalisation, and may never be finalised.
Where it stands
Proposed
Sep 11, 2026
Comments due
Nov 10, 2026 · docket USCIS-2026-0364
Final rule
None in our archive
What the document says
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.
Who the document names
Countries
Singapore, Chile
Where the document says this
- Singapore: “The H-1B1 nonimmigrant visa program, specifically applicable to nationals of Chile and Singapore, allows for the temporary employment of such nonimmigrant aliens in specialty occupations.”
- Chile: “The H-1B1 nonimmigrant visa program, specifically applicable to nationals of Chile and Singapore, allows for the temporary employment of such nonimmigrant aliens in specialty occupations.”
Visa categories
H-1B specialty occupation, L-1 intracompany transferee, O-1 extraordinary ability
Where the document says this
- H-1B specialty occupation: “Ct. 954, 959 n.2 (2019). --------------------------------------------------------------------------- Section 101(a)(15) of the INA, 8 U.S.C. 1101(a)(15), which establishes classifications for aliens who are coming temporarily to the United States as nonimmigrants, including the E-1, E-2, E-3, H-1B, H-1B1, L-1 and O-1…”
- L-1 intracompany transferee: “Ct. 954, 959 n.2 (2019). --------------------------------------------------------------------------- Section 101(a)(15) of the INA, 8 U.S.C. 1101(a)(15), which establishes classifications for aliens who are coming temporarily to the United States as nonimmigrants, including the E-1, E-2, E-3, H-1B, H-1B1, L-1 and O-1…”
- O-1 extraordinary ability: “Ct. 954, 959 n.2 (2019). --------------------------------------------------------------------------- Section 101(a)(15) of the INA, 8 U.S.C. 1101(a)(15), which establishes classifications for aliens who are coming temporarily to the United States as nonimmigrants, including the E-1, E-2, E-3, H-1B, H-1B1, L-1 and O-1…”
A requirement the document states
“To qualify for the E-3 classification, the employer must file a Labor Condition Application (LCA) in accordance with section 212(t)(1) of the INA, 8 U.S.C. 1182(t)(1), and may then apply directly to the Department of State if the alien is outside of the United States or the employer may file a petition requesting E-3 status with USCIS if the alien is present in the United States in another…”
This list may be incomplete; the document may name others. Whether it applies to a particular person depends on facts this record does not have.
Follow and explore
From the countries and visa categories the document names.
- H-1B electronic registration · recurs each year for H-1B
- New fiscal year: H-1B start date · recurs each year for H-1B
Annual dates, shown for context. This document does not set them.
Want changes like this in one place? Follow the visas, countries and agencies it names.
About this record
- Source
- Federal Register, checked Oct 30, 2026
- Review
- Classified automatically; not reviewed by a person
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