The Department of Homeland Security (DHS) has proposed eliminating the policy that permitted certain foreign nationals, including H-1B visa holders, to stay in the United States for up to 60 days following job loss to secure a new sponsor. The proposal, approved by the White House and published in the Federal Register on Friday, represents a significant shift in immigration enforcement and aligns with the Trump Administration’s broader agenda to restrict legal immigration and prioritize American workers.
Under the new framework, foreign workers would face immediate removability from the U.S. if their employment status ends. The DHS stated that the change “restores a direct relationship between an alien’s nonimmigrant status and the specific employment or activity that formed the basis of his or her admission” while also reducing administrative burdens. Public comments on the proposal will be accepted for 60 days.
The current 60-day grace period was established in early 2017 during the final days of the Obama Administration. It applied to several visa categories, including E-1, E-2, L-1, O-1, TN, H-1B1, and E-3 visas. According to DHS data, approximately 4,000 workers annually utilize this window after layoffs or resignations, with more than 99% being H-1B visa holders.
DHS argued that removing the grace period benefits U.S. labor by ensuring that positions vacated by foreign workers are offered to equally qualified American citizens or reassigned to existing employees. The agency also highlighted the administrative burden of the current rule, noting that USCIS processed 1.9 million petitions between October 2017 and May 2026 where officials had to determine if the grace period applied.
The implications extend beyond individual workers to their families. Advocacy group FWD.us estimates there are roughly 730,000 H-1B visa holders and 550,000 dependents in the U.S. The DHS acknowledged these effects but concluded that “the harm of the up to 60-day discretionary grace period outweighs the potential benefit it provides” to workers, families, and communities.
This proposal is part of a series of adjustments to the H-1B program initiated by the Trump Administration. Since 1990, hundreds of thousands of skilled workers, predominantly from India and China, have entered the U.S. under this system. The administration has replaced the traditional lottery with a weighted system favoring higher-paid applicants and recently proposed a new fee of $103,265 for certain petitions, alongside expanded security fees for employers with large foreign workforces.
As an H-1B holder, this news is terrifying. We’re already stressed about layoffs; this adds unnecessary panic to every contract renewal.
I support enforcing visa rules strictly, but immediate removal feels like an overcorrection that ignores the reality of the job market.
What happens to the kids in school? Families will be torn apart instantly with no transition time.
4,000 people a year utilize this. Is the administrative burden really worth punishing such a tiny number of visa holders so severely?
Seems like they just want to keep workers dependent and afraid to switch employers. That benefits corporations more than American workers.
This is incredibly harsh. Imagine losing your job and having days to pack up and leave the country instead of weeks to find a new sponsor.