Today, November 10, 2026, is the last day to comment on the proposal by the U.S. Department of Homeland Security (DHS) to eliminate the discretionary grace period of up to 60 days after a job ends. The electronic system accepts comments until midnight, Eastern Time, at the end of the day. After that time, the comment period closes.
What is under consultation
The proposal, published in the Federal Register on September 11, 2026, would eliminate the grace period in 8 CFR 214.1(l)(2). Today, a worker whose employment has ended is not considered to have failed to maintain status solely for not engaging in the activity that justified admission, for up to 60 days. The full text of the proposal, with the affected classifications, the figures, and the rejected alternatives, is in the explainer published on November 5 (https://meridianglobalmobility.com/en/dhs-proposal-end-60-day-grace-period-job-ends/).
Who is affected
The grace period covers eight work-visa classifications — E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN — and the dependents of the principal worker. The proposal does not cover the F-1 60-day grace period, which is a different subject and is not under consultation here.
How to comment
Comments go only through the regulations.gov portal, under DHS Docket No. USCIS-2026-0364. Comments go in English, or with an English translation, and must include the agency name, U.S. Citizenship and Immigration Services, and the docket number. Emails or letters to DHS or USCIS officials are not considered comments and may not receive a response. Submissions are published on the portal, without change, including any personal information provided.
What does not change today
Nothing changes today. The document of September 11 is a proposal, not a final rule, and there is no effective date. The current grace period of up to 60 days remains in effect, and the closing of the comment period does not end it. The next step would be the publication of a final rule, which does not yet exist.
Frequently asked questions
Is the 60-day grace period already over?
No. The grace period remains in effect, because the proposal has not become a final rule. What ends today is only the deadline to comment on the proposal.
What happens after the deadline closes?
DHS reviews the comments received and may publish a final rule, with an effective date. Until then, nothing changes. The rules for extension and change of status for those already in the U.S. are in the article on status options (https://meridianglobalmobility.com/en/already-in-us-status-options/). The pathways by profile are gathered in the guide comparing immigration pathways (https://meridianglobalmobility.com/en/compare-immigration-pathways/).
Official sources consulted
- Federal Register — Eliminating the Discretionary 60-Day Grace Period (91 FR 57807, September 11, 2026, document 2026-18631, Docket No. USCIS-2026-0364): https://www.govinfo.gov/content/pkg/FR-2026-09-11/html/2026-18631.htm
- Federal Register — Eliminating the Discretionary 60-Day Grace Period (document 2026-18631, September 11, 2026): https://www.federalregister.gov/documents/2026/09/11/2026-18631/eliminating-the-discretionary-60-day-grace-period
Disclaimer and compliance notice: Meridian Global Mobility (MGM) provides operational coordination, document organization, and logistical support for Brazil–U.S. mobility projects. MGM is not a law firm and does not provide legal services, legal advice, or representation before government agencies. Any legal services are provided independently by licensed, independent attorneys in the United States. The content of this article is informational and does not constitute consulting or an eligibility determination.
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