On September 11, 2026, DHS published a proposed rule that would eliminate the 60-day grace period for individuals in H-1B, TN, H-1B, E-1, E-2, E-3, L-1 and O-1 status and their dependents after their employment ends. Under the current rule, USCIS has discretion to allow individuals up to 60 days to file a change of status or change of employer application after the end of employment.

This new rule would require individuals in these categories to depart from the US immediately after employment ends, unless a change of employer or change of status application has already been filed to allow them to remain in the US lawfully.

At this time, there are no immediate changes because this is only a proposed rule. The notice and comment period for this rule runs through November 10, 2026. MU will continue to monitor developments and provide updates on how this proposal could affect healthcare employers (including PTs, OTs, RNs, and Medical Technologists) and other employers that rely on non-immigrant filings.