Trump administration terminates H-1B visa grace period

The Trump administration is set to terminate a 540-day grace period that previously allowed qualified immigrants to maintain their employment status in the United States. Effective October 30, the policy change will impact H-1B visa professionals and the spouses of H-1B recipients.

The Department of Homeland Security stated the decision aims to “enhance background verification, security assessments, and eligibility determinations before granting employment authorization extensions.” By implementing shorter extension periods, authorities intend to conduct more frequent security and eligibility reviews.

The change may cause employment interruptions, particularly for H-4 EAD beneficiaries, if their work authorization lapses while renewal applications are pending with U.S. Citizenship & Immigration Services (USCIS). While USCIS recommends submitting renewal applications up to 180 days before expiration, the move is unlikely to resolve the existing backlog of over 400,000 pending work permit applications. Legal challenges against the administration are expected.