The Department of Homeland Security (DHS) has published a proposed rule to eliminate the current 60-day grace period available to certain nonimmigrants at the end of their employment. The proposal affects Cornell employees and their dependents on these employment-based visas: H-1B, O-1, TN, and E-3.

If the new rule goes into effect, workers in these visa statuses will no longer receive a discretionary grace period of up to 60 days (or until the end of their authorized stay, whichever is shorter) to find a new employer, file a change of status, or otherwise maintain lawful presence in the United States after their employment ends. Instead, they will be required to leave the U.S. immediately, unless they already possess another lawful basis to remain.

Be aware that this is currently a proposed rule only, with a mandatory public comment period ending November 10. DHS may revise the rule, and it will only take effect if published as a final rule in the Federal Register.

More Information to Come

International Services is closely monitoring the public conversation over this proposed policy change. Organizations representing a range of higher education institutions are likely to comment. After the close of the public comment period, DHS will review the comments and prepare a final rule for the Federal Register. While there isn’t a set time frame for publication, the process typically takes several months.

It’s possible some aspects of the proposed rule may be revised during the review process based on public feedback. We’ll know more after the comment period. Don’t hesitate to reach out for support in the meantime if you have questions or concerns.

Stay informed by checking International Services alerts for the most up-to-date guidance. Additional useful information can be found on the Executive Orders site (NetID required). Subscribe to receive important updates and our monthly newsletter by email. (International students are automatically subscribed.)