Trump administration proposes ending 60-day grace period for H-1B workers after job loss

The US Department of Homeland Security (DHS) has proposed a major rule change governing foreign workers in the United States, targeting holders of H-1B and certain other temporary work visas. The proposal seeks to end the current 60-day grace period available to temporary visa holders after they lose or leave their jobs. Under the proposed system, foreign workers would be required to leave the US immediately once their employment ends.

This proposed change represents a reversal of a policy introduced by DHS in 2016. Under existing rules, eligible foreign workers can remain in the US for up to 60 days following job loss to search for another employer, apply for a change of status, or prepare to depart. The new proposal removes this flexibility and directly links a worker's non-immigrant status to their specific employment. DHS stated that the move restores a direct relationship between a worker's status and approved employment while reducing administrative burden.

The proposal is expected to put greater pressure on Indian professionals and impact American technology companies and other businesses reliant on foreign labor. DHS acknowledged the potential impact on employers, but suggested that affected positions could instead be offered to US workers. The agency added that workers who leave the country could potentially return if an employer later files a petition on their behalf through the I-129 process.

This proposal comes as the Trump administration continues to tighten rules around legal migration after returning to office in January 2025. The administration has previously introduced higher visa fees for skilled workers and recently paused immigrant visa appointments at US missions worldwide to implement a new training program.