Trump Administration Escalates Attack on Immigrant Workers: Proposes Ending 60-Day Grace Period for H-1B Employees After Job Loss
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The Department of Homeland Security, under the Trump administration, has announced a draconian proposal to strip H-1B and other temporary visa holders of the 60-day grace period that currently allows them to remain in the U.S. after losing their jobs, forcing immediate departure and threatening thousands of immigrant families.
The U.S. Department of Homeland Security, continuing the Trump administration’s relentless assault on immigrant communities, announced Thursday a proposed rule that would strip away the 60-day grace period currently protecting temporary-visa holders, including H-1B workers, after job loss. Under this harsh draft regulation, published in the Federal Register, affected workers would be forced to leave the country immediately upon termination of employment, with no time to find new work or settle their affairs.
Since President Donald Trump took office in January 2025, his administration has pursued a reactionary agenda to restrict legal immigration, targeting vulnerable workers and their families. The administration claims the change could 'open more positions for American workers,' a familiar refrain used to justify xenophobic policies. 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,' ignoring the reality that many of these jobs require specialized skills and experience.
The 60-day grace period, established in 2017, has been a crucial lifeline for foreign employees, allowing them time to secure new employment or manage personal matters before being forced to leave the country. H-1B visas, created by Congress in 1990, have been essential for technology firms—especially those recruiting talent from India and China—to fill critical roles. Major sponsors include consulting giants like Deloitte, PwC, and Ernst & Young, as well as outsourcing companies such as Tata Consultancy Services, Infosys, HCL Technologies, and LTIMindtree.
Immigration lawyers warn that the proposal would 'sharply compress the timeline HR teams have to manage layoffs and off-boarding for foreign national employees,' creating chaos and uncertainty for both workers and employers. The rule would also impact holders of E-1, E-2, L-1, O-1, TN, H-1B1, and other specialty visas, further destabilizing the lives of countless immigrants. The proposal is open for public comment for two months, but if finalized, it would represent yet another cruel blow to immigrant communities under the Trump administration.