The Trump administration is proposing to eliminate a 60-day grace period that currently gives certain foreign workers time to find new employment after losing a job.
The Department of Homeland Security proposal would affect several employment-based visa categories, including H-1B, H-1B1, E-1, E-2, E-3, L-1, O-1 and TN visas.
The current policy allows eligible workers whose employment ends to remain in the United States for up to 60 days while seeking another qualifying job, changing their immigration status, or making arrangements to leave the country.
Under the proposed rule, that automatic cushion would largely disappear. Workers could face a much shorter period to secure another legal status or leave the United States after their employment ends.
The change could have a significant impact on employers that rely on workers with specialized skills, particularly in technology, health care, engineering, and other professional fields.
The administration argues that eliminating the grace period would strengthen enforcement of immigration laws and ensure that foreign workers remain in the country only when they have a valid basis to do so.
The proposal is not yet final. DHS is accepting public comments before deciding whether to implement the change.
The proposed rule is part of the Trump administration’s broader effort to tighten employment-based immigration and increase enforcement of visa requirements.
