US DHS proposes ending 60-day grace period for H-1B and other work visas

H-1B visa Department of Homeland Security grace period work visas immigration policy

The US Department of Homeland Security (DHS) has proposed a new rule to eliminate the 60-day discretionary grace period currently available to certain nonimmigrant workers following the termination of their employment. If finalized, workers on H-1B, E-1, E-2, E-3, H-1B1, L-1, O-1, and TN visas, along with their dependents, would be required to depart the United States immediately upon losing their jobs unless they secure a different legal status.

The 60-day grace period, which has been in place since 2017, was designed to allow skilled workers time to find new employers, change their status, or arrange personal affairs such as selling homes or relocating children. DHS argues that removing this period will restore a direct connection between a worker's nonimmigrant status and their underlying employment and will reduce administrative burdens during adjudication.

The proposal is expected to significantly impact the technology and services sectors, which rely heavily on skilled foreign professionals, particularly from India and China. Major companies and outsourcing firms like Tata Consultancy Services, Infosys, and Deloitte could face operational disruptions. The rule is currently subject to a two-month public comment period before a final decision is made.

Entities

Department of Homeland Security · Donald Trump · H-1B visa · India · Tata Consultancy Services · U.S. Citizenship and Immigration Services · United States

Claims

What the coverage asserts, and how many sources carry each claim.

[● 2 SOURCES] DHS assumes that affected companies would offer the same positions to equally qualified US workers. laopinion.com · nypost.com
[● 3 SOURCES] Eliminating the grace period would reduce the administrative burden involved in determining its applicability during adjudication. www.murthy.com · www.epochtimes.com · nypost.com
[● 8 SOURCES] The proposed rule would affect workers on E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN visas, as well as their dependents. www.murthy.com · www.epochtimes.com · thecsrjournal.in · www.timesnownews.com · baogialai.com.vn · +3 more
[● 7 SOURCES] The proposal is subject to a two-month public comment period before it can be finalized. www.murthy.com · www.news9live.com · laopinion.com · www.news18.com · www.timesnownews.com · +2 more
[● 15 SOURCES] The current 60-day grace period was established in 2017. www.m9.news · laopinion.com · thecsrjournal.in · nypost.com · baogialai.com.vn · +10 more
[● 6 SOURCES] The proposed rule aims to restore a direct connection between a worker's nonimmigrant status and their underlying employment or activity. www.murthy.com · www.epochtimes.com · articles.thelocalreport.in · nypost.com · baogialai.com.vn · +1 more
[● 6 SOURCES] DHS presumes that affected companies will either offer the same positions to equally qualified US workers or use the I-129 petition process. www.ajkerpatrika.com · dailymeezan.com · finance.technews.tw · laopinion.com · news.abplive.com · +1 more