US May End 60-Day H-1B Grace Period for Foreign Workers

Losing a job is stressful enough, but for foreign workers in the US, it could soon carry even greater consequences. The US Department of Homeland Security (DHS) is considering ending the 60-day grace period that allows certain foreign workers, including H-1B visa holders, to remain in the country after losing their jobs while they search for new employment or make other immigration arrangements. 

The proposal is currently under review by the White House Office of Management and Budget (OMB), according to immigration law firm Fragomen. The change has not taken effect, and the details could still change before any rule is published. But if approved, it could leave H-1B workers with much less time to find a new job or secure another immigration option after losing employment.

What Is the 60-Day H-1B Grace Period?

The grace period was introduced by DHS in 2016 and took effect in 2017. It allows certain non-immigrant workers to remain in the US for up to 60 days after their employment ends, or until their authorised stay expires, whichever comes first.

H-1B workers are covered by the rule, along with people in several other employment-based visa categories, including H-1B1, L-1, O-1, E-1, E-2, E-3 and TN classifications.