Trump administration proposes ending 60-day grace period for H-1B workers after job loss
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The Department of Homeland Security has announced a proposal to remove the 60-day grace period that currently allows H-1B and other temporary visa holders to remain in the U.S. after employment ends, requiring them to depart immediately.
The U.S. Department of Homeland Security said on Thursday that a proposed rule would eliminate the 60-day grace period that permits certain temporary-visa holders, including H-1B workers, to stay in the United States after losing their jobs. Under the draft regulation, published in the Federal Register, affected workers would have to leave the country as soon as their employment ends.
The administration, which has pursued several measures to restrict legal immigration since President Donald Trump took office in January 2025, argues the change could open more positions for American workers. The notice states that the Department "presumes that they will either offer the same jobs to equally qualified U.S. workers or go through the I-129 petition process depending on their workforce requirement."
The 60-day grace period, in place since 2017, has allowed foreign employees time to secure new employment or settle personal matters before departing. H-1B visas, created by Congress in 1990, are widely used by technology firms that recruit talent from abroad, particularly India and China. Major sponsors include consulting firms such as Deloitte, PwC and Ernst & Young, as well as outsourcing companies like Tata Consultancy Services, Infosys, HCL Technologies and LTIMindtree.
Immigration lawyers said the proposal would "sharply compress the timeline HR teams have to manage layoffs and off-boarding for foreign national employees." The rule would also affect holders of E-1, E-2, L-1, O-1, TN, H-1B1 and other specialty visas. The proposal is open for public comment for two months before it could be finalized.