A significant shift could soon impact H-1B visa holders in the United States, as a Department of Homeland Security proposal seeking to eliminate the standard 60-day post-termination grace period has cleared review at the White House Office of Information and Regulatory Affairs. This milestone marks an important step before the proposed rule is formally published for public review.
Current Protections and Proposed Changes
Existing Framework: Established in 2017, the current 60-day grace period allows laid-off H-1B workers to remain in the U.S. for up to 60 consecutive days—or until their authorized stay expires, whichever is shorter—providing a vital window to secure new employment, change visa status, or arrange departure. This cushion has been especially critical for technology sector professionals facing sudden layoffs.
Potential Impact: If implemented, the rule would strip away this transition window, making job loss an immediate immigration risk and leaving affected professionals with significantly less time to find a new sponsor or adjust their status.
Broader Administrative Measures: According to Bloomberg Law, the proposal aligns with broader Trump administration efforts to tighten the H-1B program, which also includes consideration of a new fee exceeding $100,000 for certain new H-1B hires.
Next Steps and Current Status
Crucially, the 60-day grace period remains fully intact for now. Clearing White House regulatory review is a preliminary step; the proposal must still undergo formal publication and the standard federal rulemaking process before any final changes take effect. Until then, H-1B workers who lose their employment retain their existing grace-period protections under current regulations.
