Trump Admin Proposes Ending Grace Period for Job-Laid H-1B Workers

The Trump administration is planning to remove the 60-day grace period currently available to many foreign workers in the United States after they lose their jobs. The proposed change could significantly affect H-1B workers and other employment-based visa holders who need time to find a new job or arrange another legal way to remain in the country.

Under the proposal from the U.S. Department of Homeland Security (DHS), workers holding several types of employment-related visas could lose this grace period. The affected visa categories include E-1, E-2, E-3, H-1B, L-1, O-1, and TN visas.

At present, eligible workers who lose their jobs can generally remain in the United States for up to 60 days, or until their authorized stay expires, whichever comes first. This period gives them an opportunity to search for another employer, transfer their visa sponsorship, change their immigration status, or make arrangements to leave the country.

If the proposed rule takes effect, workers could have much less time to respond after their employment ends. In many cases, they could be expected to leave the United States when their employment with the sponsoring company comes to an end, unless they have another valid authorization that allows them to stay.

DHS says the proposed change is intended to bring employment-based immigration rules more closely in line with the purpose of these visas. The department argues that these visa categories are connected to specific employment and that allowing workers to remain in the country after that employment ends creates a gap between their immigration status and their eligibility for the visa.

The proposed rule would effectively move policy back toward an earlier approach in which employment-based visa holders were expected to leave the country after their qualifying employment ended. DHS has also argued that the 60-day period is not an unconditional right and can be shortened or removed under certain circumstances.

The change could be particularly important for highly skilled foreign workers, including many Indian professionals, who depend on employment-based visas to work and live in the United States. If implemented, affected workers may need to make immigration and employment decisions much faster after losing their jobs.

However, because this is a proposed rule, the policy is not necessarily final. The proposal would need to go through the required federal rule-making process before any changes become effective. Workers and employers should therefore follow official DHS announcements for the final decision and implementation details.