DHS Proposes Ending 60-Day Grace Period for Visa Holders

The U.S. Department of Homeland Security has proposed a regulation to eliminate the 60-day grace period currently granted to certain non-immigrant visa holders and their dependents following a job loss. This window currently allows workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN visa categories to remain in the country to seek new sponsors or change their legal status.

If finalized, the rule would require affected workers to depart the U.S. immediately upon the cessation of employment. The only exception would be if U.S. Citizenship and Immigration Services exercises its discretion to forgive a lapse in status. The change would disproportionately affect Indian nationals, who accounted for approximately 71% of approved H-1B petitions in fiscal year 2024 and 72.3% of those issued in the 2022-23 financial year.

The proposal is currently under review by the White House Office of Management and Budget. Before the regulation can be implemented, it must be published in the Federal Register and undergo a public comment period lasting 30 to 60 days.