US Proposes Ending 60-Day Job Search Grace Period for H-1B Workers

The Trump administration has proposed removing the 60-day grace period that allows certain foreign workers, including H-1B visa holders, to remain in the United States while looking for a new employer after losing their job. The proposal was published by the U.S. Department of Homeland Security in the Federal Register.

If adopted, affected workers could be required to leave the US once their employment ends instead of using the existing period to secure another sponsor. The current 60-day provision has been in place since 2017 and also gives workers time to manage personal arrangements before leaving the country.

The Department of Homeland Security said companies affected by the change could experience some disruption, while also suggesting that some positions could instead be filled by qualified US workers. In certain cases, workers who leave the country could return if an employer later files the required petition for them.

H-1B visas are particularly important to technology companies that recruit skilled professionals from countries including India and China. Several consulting and outsourcing companies are among the major H-1B sponsors. Immigration lawyers said the proposed change would give HR teams less time to handle layoffs and the departure of foreign-national employees.

The proposal would also cover several other temporary work visa categories, including E-1, E-2, L-1, O-1 and TN visas, along with H-1B1 workers from Singapore and Chile and E-3 workers from Australia. The proposal will undergo a two-month public comment period before a final decision is made.