Proposed rule could end 60-day grace period for H-1B and other temporary visa holders

A new regulatory proposal under review by the Office of Management and Budget would remove the 60-day grace period that has allowed certain temporary visa holders to remain in the United States after losing a job. If adopted, foreign workers on H-1B, H-1B1, L-1, O-1, TN, E-1, E-2 and E-3 visas, as well as their dependents, would be required to exit the country immediately and could not change employers or adjust status without a discretionary waiver from U.S. Citizenship and Immigration Services.

The current grace period, established in 2016, lets displaced workers stay until either 60 days pass or their I-94 expires, whichever comes first, to seek new employment or a different visa. The proposal will be published in the Federal Register, opening a 30- to 60-day public comment window before any final decision is made. Officials say the change would treat workers whose employment ends before their visa expires as out of status, dramatically altering the immigration landscape for millions of temporary workers.