The Department of Homeland Security is moving to eliminate the 60-day grace period that currently allows certain nonimmigrant visa holders to remain in the United States after their employment ends. If finalized, the change would affect H-1B, E-1, E-2, L-1 and O-1 visa holders, among others.[1]
Under the current rule, introduced in 2016, affected workers may stay in the U.S. for up to 60 days after losing a job while they look for a new employer, change status or apply for permanent residency.[1][6] The proposal would remove that automatic window, meaning workers could be forced to leave immediately after a layoff unless they have another legal basis to remain in the country.[1]
The rule is still under review by the White House Office of Information and Regulatory Affairs and has not been published in the Federal Register.[1] After that review, the proposal would still need to go through a public comment period before any final rule could take effect, and the current 60-day grace period remains in place for now.[1]
Industry reaction and public comments could still lead to changes or withdrawal of the proposal, according to the reports. Until the process is completed, visa holders continue to operate under the existing 60-day grace period.[1]
