DHS says current rules may disconnect workers’ legal status from the employment that supports their visa eligibility
g their jobs. If adopted, the change could significantly reduce the time available for affected workers to find a new employer or pursue another immigration option.
The Department of Homeland Security (DHS) said the proposal would remove the provision under 8 CFR 214.1(l)(2) covering E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN visa classifications and their dependents.
If the proposal becomes final, workers whose qualifying employment or activity ends would generally be expected to leave the United States unless they have another legal basis to remain.
DHS said the existing grace period creates a disconnect between an individual’s lawful status and the employment or activity that originally established eligibility for the visa category. The department said ending the provision would bring the regulations closer to what it described as the statutory framework governing these classifications.
WHAT THE CURRENT RULE ALLOWS
Under the existing policy, eligible workers and their dependents can generally remain in the United States for up to 60 days, or until the end of their authorised validity period if that comes sooner, following the termination of qualifying employment. The grace period is discretionary and can be shortened or eliminated by DHS.
The rule was introduced in 2016 and took effect in January 2017, with the stated goal of providing greater job portability, stability and flexibility for high-skilled non-immigrant workers whose employment ended before their petition validity period expired.
The provision can also give some workers time to seek a change or extension of status, pursue adjustment to permanent-resident status, or have a new employer file a petition while they remain in the country.
POTENTIAL EFFECT ON WORKERS
DHS acknowledged that removing the grace period could have financial consequences for some workers. Those who need additional time to search for another job could be required to leave the United States before they are able to begin new employment.
The department also estimated that the change could lead to a modest increase in referrals from U.S. Citizenship and Immigration Services (USCIS) to the Justice Department’s immigration court system, along with additional demands on Immigration and Customs Enforcement.
DHS said it believes the proposed change could strengthen programme integrity by restoring a closer connection between a worker’s legal status and the job or qualifying activity that formed the basis of admission.
DATA CITED BY DHS
According to DHS data cited in the proposal, an average of 65,752 primary beneficiaries each year in the affected classifications either lost jobs or changed employers during fiscal years 2021 through 2025.
Of the 328,758 workers covered by the data over that period, approximately 99 per cent were in the H-1B classification.
DHS estimated that around 3,795 workers annually had a new Form I-129 petition filed by another employer during the existing grace period.
For affected H-1B workers who obtained a new petition during that period, the median annual wage in fiscal year 2025 was $131,000, according to the department.
PROPOSAL NOT YET FINAL
The proposed change is not a final rule. DHS has invited members of the public to submit comments before the department decides whether to proceed with the regulation.
KEY HIGHLIGHTSTrump administration proposes ending the up-to-60-day grace period for H-1B and other employment-based visa holders.
DHS says the current rule separates lawful status from the employment supporting visa eligibility.
If finalised, affected workers would generally have to leave the U.S. when qualifying employment ends unless otherwise authorised to stay.
The proposal could reduce the time available to find another employer or pursue a different immigration option.
DHS says the change could improve programme integrity and reduce administrative burdens on USCIS.
The proposal remains subject to public comments and is not yet final.
DHS STATEMENT
“The current grace period disconnects the alien’s lawful status from the very basis of eligibility for these employment-based non-immigrant classifications.”