DHS proposes ending 60-day grace period for H-1B and other work visas
The Department of Homeland Security has put forward a rule to scrap the discretionary 60-day grace period that lets certain foreign workers stay in the U.S. after losing their jobs.
In a formal rulemaking, the Department of Homeland Security seeks to eliminate the up-to-60-day discretionary grace period that allows certain non-immigrant workers to remain in the United States after a layoff or resignation. The rule would apply to H-1B, L-1, O-1, TN and several other employment-based visas, forcing individuals to leave the country the day their job ends unless they secure another legal status. DHS figures roughly 3,795 workers each year, almost all on H-1B visas, rely on the grace period, and more than 208,000 spouses and children could be affected.
Officials say the change re-establishes a direct relationship between a worker’s immigration status and the specific employment that supports it, outweighing any benefits of the current policy. Critics, including former DHS official Adam Klein, warn the move turns ordinary job loss into an immediate immigration crisis for families.
