The Department of Homeland Security is proposing to eliminate the discretionary grace period that can give certain employment-based nonimmigrant workers up to 60 days after a job ends to seek another lawful option. The proposed rule was published September 11, and public comments are due November 10, 2026.
The word “proposed” is essential. The current regulation has not been removed merely because DHS published the notice. Until a final rule takes effect—or another legal development intervenes—people should not treat a proposal as operative law.
The change would cover principal workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN classifications, along with dependents whose status is tied to them. DHS says that, if finalized as written, affected workers would generally be considered to have failed to maintain status the day after the qualifying employment or activity ends unless they are otherwise authorized to remain.
Under the current framework, the grace period is already discretionary and is limited to up to 60 consecutive days or the remaining authorized validity period, whichever is shorter. It can be shortened or denied after an individualized review. The proposal would remove that regulatory option rather than trim it to a smaller number of days.
DHS says the move would better align nonimmigrant status with the employment that supports it and reduce the burden on USCIS adjudicators. The agency also acknowledges potential reliance costs for workers, families and employers, including faster departures and disrupted job transitions.
What this means for Haitian families
This proposal is not a new decision about Haiti’s Temporary Protected Status. TPS and the employment-based visa classifications listed above are different legal categories. A Haitian national in H-1B, L-1, O-1 or another covered status could be affected if the rule becomes final; a person relying only on TPS should not assume this proposal changes TPS.
Families can have mixed statuses, so one headline will not explain everyone’s situation. A spouse, child or worker may have an independent basis to remain, a pending application or separate work authorization. Anyone facing job loss should get advice tied to their documents and dates instead of waiting for the last day of a possible window.
Comments submitted to Regulations.gov are generally public, so avoid including sensitive personal information. The official docket is USCIS-2026-0364.
This is general information, not legal advice. The precise takeaway is that DHS has proposed a change and opened a comment period through November 10. It has not announced that the 60-day provision disappeared immediately.
Sources: Federal Register proposed rule · Regulations.gov comment docket · USCIS options after job loss
