Trump Administration Moves to End 60-Day Grace Period for H-1B Visa Holders

Washington: The Donald Trump administration is reportedly planning to eliminate the discretionary 60-day grace period currently available to certain foreign workers, including H-1B visa holders who lose their jobs in the United States.

The proposed change, described as “Eliminating the Discretionary 60-Day Grace Period,” would remove the provision that allows eligible visa holders to remain in the US for up to 60 days after termination of employment while seeking another job or making arrangements to leave the country.

The proposed rule is expected to affect holders of E-1, E-2, E-3, H-1B, H-1B1, L-1 and O-1 visas, as well as individuals covered under the TN nonimmigrant category, who currently have access to the 60-day grace period under existing regulations.

According to reports, the administration is expected to invite public comments on the proposed change for 60 days before moving toward implementation.

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If the proposal is approved, foreign workers could face significantly tighter restrictions after losing their jobs. Even if their visa remains valid, they could potentially be required to leave the United States immediately following termination of employment, rather than receiving additional time to secure another position.

The 60-day grace period was introduced during the Barack Obama administration in 2016 as a measure to provide greater flexibility to certain nonimmigrant workers facing employment termination.

The reported move by the Trump administration to eliminate the provision could have significant implications for thousands of foreign professionals, particularly H-1B workers who depend on employer sponsorship to maintain their immigration status in the United States.

Further details regarding the proposed rule, including its implementation timeline and the scope of affected visa categories, are expected to emerge as the administration proceeds with the rulemaking process.