DHS proposes eliminating the 60-day grace period for TN workers (October 2026)

The short answer

On September 11, 2026, the U.S. Department of Homeland Security (DHS) published a notice of proposed rulemaking in the Federal Register titled "Eliminating the Discretionary 60-Day Grace Period" (91 FR 57807; Federal Register document 2026-18631; DHS Docket No. USCIS-2026-0364) (Federal Register).

DHS proposes to remove 8 CFR 214.1(l)(2) — the regulation that gives workers in the TN and several other classifications an up-to-60-day grace period after their employment ends, during which they are not considered to have failed to maintain status solely because the employment ended.

This is a proposal only. It is not a final rule, and nothing in it changes the current rule today. Written comments on the proposal must be submitted on or before November 10, 2026.

What DHS proposed

• The regulatory text: DHS proposes to amend 8 CFR 214.1 by removing paragraph (l)(2) and redesignating paragraph (l)(3) as paragraph (l)(2) (Federal Register, proposed regulatory text).
• The classifications covered: The grace period in 8 CFR 214.1(l)(2) applies to the E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN classifications, and to their dependents. TN is named in the document.
• The stated reasons: In the summary, DHS states the proposal would "restore its previous and long-standing policy of not providing aliens in certain nonimmigrant classifications (and their dependents) with an up to 60-day grace period upon cessation of employment prior to the expiration of the alien's authorized period of stay," would restore "a direct relationship between an alien's nonimmigrant status and the specific employment or activity that formed the basis of his or her admission or grant of status in the United States," and "reduces administrative burden" (Federal Register summary).
• The comment deadline stated in the document: "Written comments on the notice of proposed rulemaking (NPRM) must be submitted on or before November 10, 2026."

What the current rule says

Under the current regulation, 8 CFR 214.1(l)(2), a TN professional and their dependents "shall not be considered to have failed to maintain nonimmigrant status solely on the basis of a cessation of the employment… for up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter, once during each authorized validity period."

Three limits are in the current text. The period is up to 60 days, not a guaranteed 60 days: "DHS may eliminate or shorten this 60-day period as a matter of discretion." No work is authorised during it: "the alien may not work during such a period." And it is available once per authorized validity period. The regulation adds, in the current paragraph (l)(3), that during the grace period the person "may apply for and be granted an extension of stay… or change of status… if otherwise eligible." See changing employers on a TN for how the grace period fits into a job change.

What is and is not changing now

• Not changing now: 8 CFR 214.1(l)(2) is still in the Code of Federal Regulations. The grace period described above still applies while the proposal is pending.
• Not changing now: TN status itself — the profession list, the credential requirements, and how a TN worker changes employers — is not amended by this document. See changing employers.
• What has happened so far: DHS has published a proposal and opened a comment period that closes November 10, 2026. A change would take effect only if DHS publishes a final rule after the comment period; this document does not set an effective date for any change.

Common questions