Immigration operations update · September 2026
60-Day Grace Period Changes: Immigration Firm Workflow
DHS proposed changes to the 60-day grace period. Immigration firms can prepare faster status-change, departure, and escalation workflows while the proposal remains pending.
What DHS proposed
On September 11, 2026, the Department of Homeland Security proposed eliminating the discretionary grace period of up to 60 days currently available to certain nonimmigrant workers after employment ends. The proposal is not a final rule. Until a final rule and effective date are issued, teams should not describe the change as already in force.
Why the operational impact is immediate
The proposal raises the cost of delay. A firm may need to identify the employment-end date, confirm the worker’s current status and I-94 validity, evaluate a new employer or change-of-status path, and document a departure or other attorney-approved plan. Those steps are easy to lose across email, intake notes, and disconnected calendars.
The workflow immigration firms should audit
Create a single trigger for termination or layoff notices. Route the case to an attorney-reviewed triage checklist covering notice date, last day of work, I-94 end date, dependents, pending filings, portability questions, and possible options. Add owner, deadline, evidence, and escalation fields so the team can see what is verified versus still unknown.
How to communicate without overstating the proposal
Use a two-layer client message: explain the current rule and separately flag the proposed change as a planning risk. Link to the source, record the date of the update, and require attorney approval before sending individualized advice. Avoid promising a fixed response window or assuming every nonimmigrant worker would be affected.
A practical readiness checklist
Audit templates and intake questions; map the employment-end trigger; add a status/I-94 verification task; set an internal rapid-review deadline; create a source-linked client update; and review open cases with upcoming employment changes. Keep the checklist versioned so the team can update it if DHS changes, withdraws, or finalizes the proposal.
Frequently asked questions
Is the 60-day grace-period change final?
No. The September 2026 DHS action is a proposal. Confirm the final rule, effective date, and any transition provisions before relying on it.
What should firms do before a final rule?
Audit the employment-end trigger, status and I-94 verification, attorney escalation, client communications, and deadline tracking for affected cases.
Does the proposal affect every nonimmigrant worker?
Do not assume that. Scope and applicability require review of the proposal and the worker’s specific facts.
