Base
Proposed RuleOpen for Comment2026-186312026-09-11

Eliminating the Discretionary 60-Day Grace Period

Homeland Security Department

Abstract

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.

Action & Dates

Action
Notice of proposed rulemaking.
Dates
Written comments on the notice of proposed rulemaking (NPRM) must be submitted on or before November 10, 2026. The electronic Federal Docket Management System will accept comments before midnight eastern time at the end of that day.

CFR References

Topics

Administrative practice and procedureAdoption and foster careAliensCultural exchange programsEmploymentForeign officialsHealth professionsImmigrationReporting and recordkeeping requirementsStudents

Public Comment

Comments Close
2026-11-10 — Open for comment

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Homeland Security 8 CFR Parts 204 and 214 [CIS No. 2858-26; DHS Docket No. USCIS-2026-0364] RIN 1615-AD22 ( printed page 57807) AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). ACTION: Notice of proposed rulemaking. SUMMARY: 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. DATES: Written comments on the notice of proposed rulemaking (NPRM) must be submitted on or before November 10, 2026. The electronic Federal Docket Management System will accept comments before midnight eastern time at the end of that day. ADDRESSES: You may submit comments on the entirety of this proposed rulemaking package, identified by DHS Docket No. USCIS-2026-0364 through the Federal eRulemaking Portal: https://www.regulations.gov . In accordance with 5 U.S.C. 553(b)(4) , the summary of this rule found above may also be found at https://www.regulations.gov . Follow the website instructions for s

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Full Document

Citation: 91 FR 57807