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US proposes ending 60-day grace period for H-1B workers

Published 10 September 2026

The Trump administration has proposed eliminating the 60-day grace period that allows H-1B visa holders and certain other foreign workers to remain in the United States and seek a new employer after losing their jobs. The proposed rule, published by the Department of Homeland Security in the Federal Register on Thursday, would require affected workers to leave the country once their employment ends rather than receiving up to two months to find a new sponsor or arrange their departure. The change would apply to E1, E2, E3, H-1B, H-1B1, L1, O1 and TN nonimmigrants and their dependents, covering skilled professionals, international traders, executives, workers with extraordinary ability and professionals from countries including Singapore, Chile, Australia, Canada and Mexico. If finalized, workers facing job loss before their visas expire would need to depart immediately unless they hold separate authorization to remain, and could later reapply from abroad if a new US employer files a petition on their behalf.

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