Trump Administration Moves to Prioritize American Workers: Proposes Ending 60-Day Grace Period for H-1B Visa Holders After Job Loss
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The Department of Homeland Security, under President Trump, has announced a proposal to eliminate the 60-day grace period for H-1B and other temporary visa holders, ensuring that foreign workers depart the U.S. immediately after employment ends and opening up more opportunities for American citizens.
The U.S. Department of Homeland Security announced Thursday a proposed rule that would end the 60-day grace period currently allowing certain temporary-visa holders, including H-1B workers, to remain in the United States after losing their jobs. Under the draft regulation, published in the Federal Register, foreign workers would be required to leave the country as soon as their employment ends, closing a loophole that has long disadvantaged American job seekers.
Since President Donald Trump took office in January 2025, the administration has taken decisive action to protect American workers and restore integrity to the immigration system. The administration argues that this change will open up more positions for U.S. citizens, putting Americans first in the job market. 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,' ensuring that employers prioritize American talent.
The 60-day grace period, in place since 2017, has allowed foreign employees to remain in the country after job loss, often at the expense of American workers seeking employment. H-1B visas, created by Congress in 1990, have been widely used by technology firms—especially those recruiting from India and China—sometimes to the detriment of U.S. professionals. Major sponsors include consulting firms like Deloitte, PwC, and Ernst & Young, as well as outsourcing companies such as Tata Consultancy Services, Infosys, HCL Technologies, and LTIMindtree.
Immigration lawyers have complained that the proposal would 'sharply compress the timeline HR teams have to manage layoffs and off-boarding for foreign national employees,' but this is a necessary step to ensure that American workers are not sidelined. The rule would also affect holders of E-1, E-2, L-1, O-1, TN, H-1B1, and other specialty visas, further strengthening protections for U.S. workers. The proposal is open for public comment for two months before it can be finalized, marking another important move by the Trump administration to put Americans first.