H 1b Workers Could Lose 60 Day Grace Period Under Proposed Dhs Rule

The Trump administration is considering a major change to the H-1B visa programme that could remove an important protection for foreign workers who lose their jobs in the United States.

The Department of Homeland Security is reviewing a proposed rule that could eliminate the 60-day grace period currently available to certain nonimmigrant workers, including H-1B visa holders, after their employment ends.

Under the existing rules, eligible workers can remain in the US for up to 60 days after losing their job, or until the end of their authorised stay, whichever comes first.

This period gives workers time to search for another qualifying job, transfer to a new employer or, in some cases, apply for a change of immigration status without having to leave the country immediately.

The proposed rule, identified as RIN 1615-AD22, is still under review and has not yet taken effect. It is currently being examined by the Office of Management and Budget.

If the proposal moves forward and is eventually finalised, H-1B workers who lose their jobs could have far less time to protect their legal status.

Without the 60-day grace period, a sudden job loss could place an H-1B worker’s immigration status at immediate risk. Their dependents could also be affected because H-4 status is generally tied to the principal visa holder.

The current grace period was introduced in 2017 and applies to several nonimmigrant categories, including E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers, along with eligible dependents.

DHS already has the authority to shorten or deny the grace period in certain cases.

The possible removal of the 60-day window comes as the Trump administration continues to tighten rules affecting the H-1B programme.

The administration has argued that the visa system has been misused by some employers and has introduced or proposed several measures aimed at increasing scrutiny of highly skilled foreign workers.

If the proposal clears the OMB review, it would normally be published in the Federal Register and opened for public comments before any final rule takes effect.

The administration has also pursued other major changes to the H-1B system. In September 2025, President Donald Trump issued a proclamation seeking an additional $100,000 payment for certain new H-1B petitions. A federal court later blocked the fee.

The State Department has also expanded screening and vetting requirements for H-1B and H-4 visa applicants, adding another layer of scrutiny for foreign workers and their families.

For H-1B workers, however, the possible removal of the 60-day grace period could have one of the most immediate impacts.

A job loss that currently gives workers time to find another employer could instead leave them with much less time to remain legally in the United States.

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