The Office of Management and Budget has cleared a Department of Homeland Security proposed rule that would eliminate the discretionary, maximum 60-day grace period provided to certain nonimmigrants whose employment ceases. The next step for the proposal is publication in the Federal Register with a public comment period. The specific content of the rule will not be known until publication. The regulation will not take effect until public comments are considered and the rule is finalized, which typically takes several months.
If the discretionary 60-day grace period is eliminated, foreign nationals whose employment ceases prematurely (and their dependents) would no longer be maintaining status and would generally be required to depart the United States immediately, unless U.S. Citizenship and Immigration Services exercises its separate discretion to forgive the lapse in status and allow the foreign national to change status or change employers within the country.
