WASHINGTON — The Trump administration has proposed a sweeping new regulatory change that would eliminate the standard 60-day grace period for skilled foreign workers and other non-immigrant visa holders who lose or leave their jobs in the United States.
The Department of Homeland Security (DHS) published the proposal, titled “Eliminating the Discretionary 60-day Grace Period,” to target several key employment-based visa categories, including H-1B, H-1B1, E-1, E-2, E-3, L-1, O-1, and TN nonimmigrants, alongside their dependents. Under the existing framework established in 2016, laid-off or transitioning workers were granted up to 60 days to secure a new employer, change status, or orderly wrap up their affairs before departing the country.
If finalized following a 60-day public comment period, the policy shift will require affected individuals—many of whom are technology professionals from countries like India and China—to leave the United States immediately upon the cessation of their employment unless alternative legal authorization is secured.
DHS officials defended the measure as a step to "restore a direct relationship between an alien's nonimmigrant status and the specific employment or activity that formed the basis of his or her admission" while cutting down administrative overhead. However, immigration attorneys and industry advocates warn that the sudden rollback will drastically increase instability for thousands of skilled professionals and their families, leaving tech firms with severely restricted flexibility to retain global talent.
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