DHS Proposes Eliminating 60-Day Grace Period for H-1B and Other Work Visa Holders After Job Loss
This article describes a proposed rule that is still under review and not yet in effect (RIN 1615-AD22), which could eliminate the 60-day grace period after job loss for holders of nonimmigrant visas such as H-1B and L-1. It explains the scope of the current grace period, the discretion DHS already has, the upcoming Federal Register publication and public comment process for the proposal, and related Trump administration developments on H-1B fees and vetting/background checks.
The Trump administration is reviewing a proposed rule that could eliminate the 60-day grace period for H-1B, L-1 and other work visa holders after they leave their jobs. Under current rules, eligible employees who are laid off may remain in the United States for up to 60 days, or until their authorized period of stay ends, whichever is earlier. During this period, employees can look for other suitable jobs, transfer to a new employer, or in some cases apply to change immigration status without having to leave the United States immediately.
The proposed rule, designated RIN 1615-AD22, is still under review and has not taken effect. The proposal is currently being reviewed by the U.S. Office of Management and Budget (OMB). If the proposal is approved and ultimately finalized, the change would significantly reduce the options available to H-1B employees who suddenly lose their jobs.
If this 60-day protection is eliminated, affected employees' immigration status would be immediately at risk upon losing their jobs. Their family members would face knock-on effects as well, since dependents' status is tied to the primary visa holder.
The current grace period was introduced in 2017 and applies to several nonimmigrant visa categories, including E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN employees as well as eligible family members. However, the Department of Homeland Security already has discretion in certain circumstances to shorten or deny the grace period.
The possible elimination of the 60-day window comes as the Trump administration continues to push reforms to the H-1B program. The administration maintains that employers have abused the visa system and has taken multiple measures aimed at tightening immigration policy for highly skilled foreign workers.
If the Department of Homeland Security approves the proposal after the OMB review, the proposal would be published in the Federal Register and a public comment period would open before any final rule takes effect.
The Trump administration has also made other major changes to the H-1B system. In September 2025, Trump issued a proclamation requiring an additional $100,000 fee on certain new H-1B applications. However, a federal court subsequently blocked the fee, ruling the measure unlawful.
In addition, the U.S. State Department has expanded screening and background-check requirements for H-1B and H-4 visa applicants. As the government continues to reshape the U.S. immigration system, these changes add another layer of intensive scrutiny for foreign workers and their families.
However, for H-1B employees, the proposed elimination of the 60-day grace period may have the most immediate consequences. Previously, laid-off workers had time to look for a new employer; now, their room to remain lawfully in the United States would be greatly reduced.
