Trump administration proposes ending 60-day H-1B grace period after job loss

  • Trump administration proposes ending the 60-day grace period for certain immigrant workers after employment ends.
  • 60-day grace period has existed since 2017 for job searches or departure preparations.
  • DHS proposal faces a two-month public comment period before enactment.

The Trump administration has proposed eliminating the 60-day grace period that allows certain immigrants, including H-1B skilled workers, to remain in the United States and find a new sponsor after losing their jobs. A notice published by the U.S. Department of Homeland Security (DHS) says affected workers would have to leave when employment ends, although some could reapply through an employer’s I-129 petition process. The proposal could disrupt technology companies that rely on workers from India and China, while DHS says affected roles could instead go to U.S. workers. It would also cover E-1, E-2, L-1, O-1, TN, H-1B1 and E-3 visa holders. The rule follows other Trump administration measures, including higher skilled-worker visa fees and a pause in immigrant visa appointments while a new training program is implemented. The proposal is subject to a two-month public comment period.

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