DHS Proposes Ending 60-Day Grace Period for Laid-Off Foreign Workers

The U.S. Department of Homeland Security is considering a major regulatory change that would eliminate the 60-day grace period currently granted to foreign workers on nonimmigrant visas, including the H1B, after they lose their jobs. The proposed rule, which would affect workers across multiple visa categories, is currently under review by the White House Office of Information and Regulatory Affairs.

Under the existing system, which has been in place since 2017, certain nonimmigrant workers whose employment ends prematurely can remain in the United States for up to 60 consecutive days, or until their authorized period of stay expires, whichever comes first. This window allows them to search for a new employer willing to sponsor their visa, apply for a change of immigration status, or prepare for departure. The proposed change would remove this provision, potentially requiring affected workers and their dependents to leave the country immediately upon job loss.

The rule applies to a broad range of visa categories, including E1, E2, E3, H1B, H1B1, L1, O1, and TN, as well as their dependents. If finalized, workers whose employment ceases would generally be unable to change...