U.S. proposes ending 60-day grace period for visa holders after job loss

Washington — The U.S. Department of Homeland Security is considering a proposal to eliminate the 60-day grace period that allows certain nonimmigrant visa holders to remain in the country after losing their job, officials and reports say.
If finalized, the rule would require holders of temporary employment visas — including H‑1B specialty-occupation visas, L‑1 intra-company transfer visas and O‑1 visas for individuals with extraordinary ability — to depart the United States immediately once their authorized employment ends unless U.S. Citizenship and Immigration Services (USCIS) exercises discretion to waive the status termination. Under the current policy, introduced in 2017, qualifying visa holders can remain in the U.S. for up to 60 days to find new employment, change status, or prepare to depart.
The Department of Homeland Security has authority to shorten or eliminate the grace period, though it has rarely done so to date. The proposed regulation is now under review at the Office of Management and Budget (OMB), and detailed provisions were not immediately available. Advocates for immigrant workers warn that ending the grace period could force many skilled foreign employees to leave abruptly, disrupting families and employers; supporters argue the change would tighten enforcement and reduce misuse of nonimmigrant work visas.
Data show Indian nationals received a large share of H‑1B visas in recent years: Indians accounted for 72.3 percent of all H‑1B visas issued in fiscal 2022–23. Observers say the proposal—if adopted—could have significant effects on the tech sector and other industries that rely heavily on temporary foreign talent.