DHS proposes eliminating 60-day grace period for H-1B visa holders

The U.S. Department of Homeland Security (DHS) has submitted a proposal to eliminate the discretionary 60-day grace period for certain nonimmigrant workers, including those on H-1B, L-1, O-1, TN, E-1, E-2, E-3, and H-1B1 visas. The proposal, titled ‘Eliminating the Discretionary 60-day Grace Period’, was sent to the White House Office of Information and Regulatory Affairs for review.

Currently, the 60-day grace period allows terminated employees and their dependents to remain in the United States to find a new sponsoring employer, change their immigration status, or arrange an orderly departure. If the rule is finalized, employees terminated from their positions may be required to leave the country immediately.

Legal experts note that such a change could significantly impact foreign-born populations in regions like Silicon Valley, where many visa holders have established families and community ties. Critics suggest the removal of this window could also discourage workers from reporting workplace mistreatment due to the heightened risk of immediate deportation upon job loss.