US Proposes Ending 60-Day Grace Period for Some Foreign Workers

The Trump administration has proposed ending the 60-day grace period that allows certain foreign workers, including H-1B visa holders, to remain in the United States after losing their jobs while they search for new employment or a sponsor.

The proposed change was outlined in a rule published Thursday by the U.S. Department of Homeland Security.

Under the current regulation, introduced in 2017, eligible foreign workers can remain in the United States for up to 60 days after their employment ends to find a new job or employer willing to sponsor their visa. If the proposed rule takes effect, that grace period could be eliminated, potentially requiring affected workers to leave the country soon after their employment ends.

Immigration experts warn that the change could create significant difficulties for many H-1B workers who have lived in the United States for years and established their families, homes and children’s education there.

The proposal could also have a significant impact on the technology sector. Major U.S. technology and consulting companies rely heavily on the H-1B programme to recruit skilled workers from countries including India and China.

The proposed rule would not be limited to H-1B visa holders. It could also affect holders of several other employment-based visas, including E-1 visas for treaty traders, E-2 visas for treaty investors, L-1 visas for executives and managers of multinational companies, O-1 visas for individuals with extraordinary ability in fields such as science, sports and the arts, and TN visas for certain professionals from Canada and Mexico.

The proposed changes would also cover H-1B1 visa holders from Singapore and Chile, as well as E-3 visa holders from Australia.

The proposal is not yet final. The government will accept public comments for 60 days before deciding whether to implement the changes.