Federal Register #2026-18631

Proposed Rule to Eliminate 60-Day Grace Period for Certain Nonimmigrant Visa Holders

This notice announces a proposed rulemaking by the Department of Homeland Security (DHS), specifically U.S. Citizenship and Immigration Services (USCIS), regarding nonimmigrant visa regulations. - Government Buyer: - Department of Homeland Security (DHS) - U.S. Citizenship and Immigration Services (USCIS) - No OEMs or vendors are mentioned; this is a regulatory action, not a procurement. - No products or services are requested. - Key Details: - The proposed rule would eliminate the discretionary 60-day grace period for certain nonimmigrant visa classifications (E1, E2, E3, H1B, H1B1, L1, O1, TN, and their dependents) after cessation of employment. - The intent is to require immediate departure from the U.S. upon employment termination unless otherwise authorized, restoring a direct link between visa status and employment. - The rule aims to reduce administrative burden and improve program integrity. - Public comments are invited on the proposed changes and their impacts.

Description

The Department of Homeland Security (DHS) proposes to remove regulations at 8 CFR 214.1(l)(2) to eliminate the discretionary 60-day grace period for certain nonimmigrant classifications and their dependents upon cessation of employment. This rule aims to restore the direct relationship between an alien's nonimmigrant status and the specific employment or activity that formed the basis of their admission or status in the United States. The proposal intends to reduce administrative burden and improve program integrity by requiring aliens to depart immediately upon cessation of employment unless otherwise authorized to remain. Comments on the proposed rule are due by November 10, 2026.

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