The U.S. Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services, is advancing a proposed rule titled “Eliminating the Discretionary 60-day Grace Period.”
On August 27, 2026, the White House Office of Information and Regulatory Affairs completed its review of the proposal, clearing an important administrative step toward publication as a proposed federal rule. The official regulatory record identifies the action as a proposed rule and states that the review concluded “Consistent with Change.”
The text of the proposed rule has not yet been published in the Federal Register. We therefore do not know precisely what DHS intends to change, whether exceptions will be included, or what an eventual final regulation will look like.
For now, the existing 60-day grace period remains in effect.
But the potential change raises an important question for international professionals:
What happens to career strategy when the time available to respond to a job loss could become considerably shorter?
What the Current Grace Period Provides
Under current federal regulations, certain nonimmigrant workers whose employment ends may receive a discretionary grace period of up to 60 consecutive days, or until the end of their authorized period of stay, whichever is shorter.
The provision applies to workers in several employment-based classifications, including E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN, as well as their dependents. The grace period is available once during each authorized validity period.
Those 60 days can provide an important period in which an eligible professional may evaluate immigration options, seek another employer, pursue an appropriate change of status, or prepare to leave the United States. The grace period does not, by itself, authorize continued employment.
USCIS provides additional general information about possible actions following termination in its guidance on options for nonimmigrant workers following termination of employment.
Sixty days is already a relatively short period for conducting a professional-level job search.
If that period is eliminated or substantially restricted, the consequences of an unexpected termination could become considerably more immediate.
A Layoff Could Become Two Problems at Once
Imagine two professionals receiving the same layoff notice on the same afternoon.
One immediately begins thinking about severance, updating a résumé, contacting recruiters, and identifying prospective employers.
The other must think about all of those things while also determining what the termination means for their ability to remain and work in the United States.
That is the reality for many international professionals.
It is also why traditional career advice such as “start networking after a layoff” may not be sufficient.
If your employment and immigration status are connected, some of your career preparation needs to take place before you need it.
Five Career Considerations for International Professionals
1. Build Your Network While You Are Securely Employed
Professional networking should not begin when a termination notice arrives.
Maintain relationships with former colleagues, industry contacts, recruiters, professional associations, and others in your field. A strong network provides access to information and opportunities that are difficult to create quickly under pressure.
The objective is not to conduct a permanent job search. It is to avoid professional isolation.
2. Keep Your Résumé and LinkedIn Profile Current
Many experienced professionals wait until they need a new position before updating their career materials.
That can mean attempting to reconstruct several years of accomplishments, projects, metrics, and leadership contributions at exactly the moment when time is most valuable.
Keep a running record of significant accomplishments. Periodically review your résumé and LinkedIn profile. Know how you would position yourself in the external market if circumstances changed unexpectedly.
3. Make Your Value Visible Inside the Organization
Strong performance matters, but performance that decision-makers do not see can be vulnerable.
Understand how your work contributes to business priorities. Communicate accomplishments appropriately. Develop relationships across functions. Make certain that your manager and other relevant leaders understand not only what you do, but also the business value of what you do.
Visibility is not self-promotion for its own sake. It is making your contribution understandable to the people making organizational decisions.
4. Pay Attention to Business Signals
No professional can predict every restructuring or layoff.
But organizations often provide signals: budget reductions, leadership changes, project cancellations, hiring freezes, reorganizations, declining business units, and changes in strategic priorities.
International professionals sometimes concentrate so heavily on performing their own jobs well that they miss what is happening around those jobs.
Career awareness requires looking beyond your immediate responsibilities and understanding the business environment in which your position exists.
5. Understand Your Immigration Circumstances Before There Is an Emergency
This is where career strategy ends and individualized legal advice begins.
Immigration situations are highly fact-specific. A professional should not assume that another person’s experience will apply to their own circumstances.
If your ability to remain or work in the United States depends upon your employment, consider understanding your options before an unexpected termination occurs. Questions about immigration status, employer changes, changes of status, or other legal options should be addressed with a qualified immigration attorney.
This Is Not a Reason to Panic
The proposed rule has not taken effect. Its complete text has not yet been published.
There may ultimately be exceptions, legal challenges, substantial revisions, or other changes before any final regulation emerges.
But waiting until a rule becomes final is not necessary before adopting sound career practices.
Maintaining a professional network, documenting accomplishments, keeping career materials current, building visibility, and understanding the business environment are valuable strategies regardless of what happens to this proposal.
For international professionals, however, those practices may carry additional significance.
When employment affects more than a paycheck, when it can also affect the ability to remain and work in the United States, career preparedness is not simply about pursuing the next promotion or opportunity. It is also about maintaining options.
That is the larger issue international professionals should be thinking about now.
Current Status
As of September 4, 2026, the existing 60-day grace period remains in effect. DHS has advanced a proposed rule titled “Eliminating the Discretionary 60-day Grace Period,” but the text of the proposal has not yet been published in the Federal Register.
This article will be updated as additional details become available.
Sources
- U.S. Office of Information and Regulatory Affairs: RIN 1615-AD22
- Electronic Code of Federal Regulations: 8 C.F.R. § 214.1
- USCIS: Options for Nonimmigrant Workers Following Termination of Employment
- Fragomen: DHS Proposal to Eliminate 60-Day Nonimmigrant Grace Period Clears Federal Review
This article is provided for general informational and career-development purposes and does not constitute immigration or legal advice. Individuals should consult a qualified immigration attorney regarding their particular circumstances.
Intercultural Business Communication Consulting 