DHS Proposes Ending 60-Day Post-Employment Grace Period for Visa Workers
A US Department of Homeland Security proposal would eliminate the 60-day post-employment grace period for many nonimmigrant visa holders, requiring them to depart the US immediately after a job loss.
The US Department of Homeland Security (DHS) has proposed a rule to eliminate the 60-day grace period for terminated nonimmigrant workers in key employment-based visa categories, including H-1B, L-1, O-1, and TN. This flexibility, established in 2017, currently allows these workers to seek new employment, change their immigration status, or arrange for departure without being considered out of status.
If the rule is finalized, affected workers could be required to leave the US immediately upon job loss unless they secure another lawful basis to remain. The change presents significant challenges for both employees and their employers. For workers, it drastically shortens the window to find a new sponsor. For companies, it complicates terminations and recruiting, as foreign-national candidates might have to leave the country before a new sponsorship petition can be completed, disrupting hiring timelines.
The proposal is subject to a 60-day public comment period after its publication in the Federal Register. Employers who rely on foreign national talent should monitor the rulemaking process, assess potential impacts on their workforce, and consider submitting comments.