DHS proposes ending job-loss grace period

DHS proposed removing regulation 8 CFR 214.1(l)(2) which provides the 60-day grace period.

Thousands of primary beneficiaries in affected visa categories experienced job loss between fiscal years 2021 and 2025.

The proposal includes a 60-day public comment period before any final decision.

The US Department of Homeland Security has formally proposed removing the 60-day grace period allowing foreign workers to remain in the country after job loss. The rule change, issued by US Citizenship and Immigration Services, would require affected workers in categories like E-1, E-2, E-3, H-1B, L-1, and O-1 to depart immediately unless another legal basis exists. DHS stated the move reduces administrative burdens and restores a direct link between status and employment, while data showed thousands of primary beneficiaries experienced job loss between fiscal years 2021 and 2025. The proposal is subject to a 60-day public comment period.

The DHS proposal seeks to remove the discretionary grace period for multiple visa categories.

Indians received 71 per cent of H-1B visas for highly skilled workers in fiscal year 2024 according to the Migration Policy Institute.

The proposal is not final and DHS is currently seeking public comments.

The US government has proposed ending the 60-day grace period that enables certain foreign workers to remain in the United States after losing their jobs. According to the Department of Homeland Security proposal, workers in visa categories such as E-1, E-2, E-3, H-1B, and L-1 would face immediate departure requirements unless they possess another lawful basis to stay. The change could disproportionately impact Indian nationals who receive a majority of H-1B visas. DHS argues the grace period creates an unnecessary gap in immigration status and increases agency workload, though the policy remains open for public comments before final implementation.

The Trump administration proposed eliminating the 60-day grace period for laid-off H-1B workers.

A notice was published in the Federal Register by the US Department of Homeland Security.

The change would affect E-1, E-2, O-1, H-1B1, and E-3 visa holders if implemented.

The Trump administration has proposed eliminating the 60-day grace period that currently allows laid-off H-1B and other short-term foreign workers to stay in the United States and find new corporate sponsors. Published in a Federal Register notice by the Department of Homeland Security, the policy aims to manage migration and would require affected workers to leave the country as soon as employment ends. The change would impact various visa categories including E-1, E-2, O-1, H-1B1, and E-3, though some workers might still return through employer-sponsored petitions.

The DHS published a proposal in the Federal Register to eliminate the 60-day grace period for H-1B and other temporary work visas.

The 60-day grace period was originally established in 2017.

The proposal affects Indian tech workers, major IT firms, and various other visa categories like L-1, O-1, and TN.

The rule is currently subject to a two-month public comment period.

The Donald Trump administration has proposed eliminating the 60-day grace period that allows H-1B and other temporary work visa holders to remain in the United States after losing their jobs. Reported by Reuters and published by the Department of Homeland Security, the change would require affected workers to leave the country immediately upon employment termination. This proposal heavily impacts Indian technology professionals and major IT firms, while the administration argues positions could instead be filled by domestic workers.

The DHS proposed scrapping the 60-day grace period that lets H-1B holders stay in the US after losing a job.

The rule would also cover E-1, E-2, L-1, O-1, TN, H-1B1, and E-3 visa holders.

The proposal is open to a two-month public comment period before finalization.

Lawyers at Berardi Immigration Law noted the change would compress timelines for HR teams.

The US administration under President Donald Trump has proposed a new rule to eliminate the 60-day grace period for H-1B visa holders who experience job losses. According to notices published in the Federal Register, laid-off skilled foreign workers would no longer have time to secure a new sponsor or arrange departures leisurely. The Department of Homeland Security stated that companies could face disruptions but suggested positions could be offered to American workers instead.