The Trump administration is urging a change to a key immigration provision that currently gives certain foreign workers up to a 60‑day grace period after their employment ends. The Department of Homeland Security (DHS) published the proposal on September 11 and is accepting public comments until November 10, 2026.
What the proposal would change
Under the existing rule, foreign workers whose jobs terminate may retain their immigration status for up to 60 consecutive days—or until their authorized stay expires—whichever comes first. The period is discretionary and not guaranteed for every worker. The administration’s proposal would delete this discretionary grace period from 8 CFR 214.1(l)(2), effectively requiring workers to maintain a valid petition or leave the country promptly.
Who is affected
The rule would apply to a range of visa categories, including E‑1, E‑2, E‑3, H‑1B, H‑1B1, L‑1, O‑1, and TN visas, as well as qualifying dependents. The change would not eliminate the visa programs themselves or cancel existing employment authorizations. A separate provision (8 CFR 214.1(l)(1)) that allows up to 10 days before and after an authorized validity period would remain untouched.
Administration’s rationale
DHS argues that the current grace period separates immigration status from the employment on which admission was based. By removing the window, the administration says it will restore a closer relationship between status and work, reduce administrative burdens, and improve enforcement of immigration law. The agency notes that a shorter or eliminated grace period would simplify officer determinations and better protect U.S. workers.
Estimated impact
The agency’s economic analysis estimates that roughly 3,795 workers each year file a new Form I‑129 petition during the existing grace period, with about 3,765 of those being H‑1B holders. For a subset of workers whose earlier petitions were revoked, DHS calculated a median annual petition wage of $131,000. Using that figure, the department illustrated a hypothetical loss of $21,877 in forgone wages for a worker who might otherwise have worked two additional months.
These numbers are illustrative; DHS cautions that its data cannot distinguish voluntary departures from involuntary terminations. The agency also acknowledges potential lost wages, travel costs, and temporary productivity losses for employers, while noting that employers may still recruit U.S. workers or file petitions for other qualified foreign workers.
Local relevance
Texas employers, contractors, and public institutions rely heavily on the H‑1B program, making the proposal especially pertinent to the state’s workforce. A prior Dallas Express investigation identified dozens of H‑1B positions tied to Texas Department of Transportation projects, and Dallas Independent School District records show roughly $2.54 million spent on H‑1B‑related legal services between 2020 and September 2025.
How to comment
Comments must be submitted electronically through the federal rulemaking portal before midnight Eastern Time on November 10, 2026, under docket USCIS‑2026‑0364. DHS will review the record before deciding whether to issue a final rule, revise the proposal, or take another permissible action. Until a final rule is adopted, the discretionary up‑to‑60‑day grace period remains in effect.
Original reporting: The Dallas Express — read the source article.
