The Trump administration has proposed a major change that could significantly affect foreign professionals in the United States on employment-based temporary visas. If the proposal takes effect, holders of H-1B and several other work visas who lose their jobs or leave employment would no longer receive the currently available **up to 60-day grace period**. Without another valid immigration status or lawful basis for remaining in the country, they could lose their legal status when their employment ends.
However, the proposal is **not yet a final rule**. The Department of Homeland Security (DHS) published the proposal in the Federal Register on September 11 under the title **“Eliminating the Discretionary 60-Day Grace Period.”** The proposal seeks to remove the existing regulatory provision that allows certain employment-based nonimmigrants and their dependents an up-to-60-day grace period after cessation of employment.
Under the current system, certain employment-based nonimmigrant visa holders whose employment ends before the expiration of their authorized stay may remain in the United States for up to 60 days, subject to the applicable rules. During that period, they can look for a new employer, take steps to change to another lawful immigration status, or make arrangements to leave the country.
The proposed rule would affect holders of **E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN** classifications, along with certain dependents.
Among these, the **H-1B visa** is widely used by professionals in technology, engineering, research and other specialized occupations. The **L-1** classification is used for certain employees of multinational companies, while the **O-1** classification covers individuals with extraordinary ability in fields including science, education, business, athletics and the arts. The **TN** classification is available to certain qualified professionals from Canada and Mexico under the United States-Mexico-Canada Agreement.
According to DHS, if employment ends and the individual has no other lawful basis for remaining in the United States, the person could be considered to have failed to maintain the conditions of their nonimmigrant status. Depending on the circumstances, this could lead to further immigration consequences.
The potential impact would not necessarily be limited to the primary visa holder. Spouses and other dependent family members whose immigration status is tied to the worker could also be affected, including their ability to remain and, where applicable, work in the United States.
DHS says the proposed change is intended to restore a direct relationship between an employment-based nonimmigrant’s immigration status and the specific employment or activity that formed the basis for admission or status in the United States. The department also says the change would reduce administrative burdens.
If implemented, however, the proposal could make job loss or job changes significantly more consequential for foreign professionals. Under the current system, someone who unexpectedly loses a job generally has a period of up to 60 days in which to find another employer and take the necessary immigration steps. Removing that period would make the loss of employment and the loss of lawful immigration status more closely connected.
Companies in industries that rely heavily on foreign skilled professionals—including **technology, engineering, research and healthcare**—could also be affected. DHS has acknowledged that the proposal could have impacts on businesses, while maintaining that employers could respond by hiring qualified U.S. workers or filing new petitions for foreign workers when appropriate.
Losing a job would not necessarily mean that an individual could never work in the United States again. A qualified worker who obtains a new job and meets the applicable petition and immigration requirements could potentially seek authorization to return to the United States in the future.
The proposal is therefore significant for thousands of foreign professionals and their families currently in the United States. **For now, the existing up-to-60-day grace period remains in place.** The proposed change would have to go through the federal rulemaking process before it could become a final regulation. DHS is accepting public comments on the proposal before determining whether and in what form to issue a final rule.
Ultimately, the final version of the rule will determine whether foreign workers who lose employment will continue to have the current opportunity to remain in the United States for a limited period while seeking new employment or pursuing another lawful immigration option.
