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Trump Administration proposes to waive the grace period for H-1B Holders after Job Loss

According to a government announcement posted online on Thursday, the Trump administration is proposing to eliminate a 60-day "grace period" that allows certain immigrants — including skilled workers with H-1B visas — to remain?in _the United States after losing their jobs and to find a new employer.

According to the proposed rule change published by the U.S. Department of Homeland Security in the Federal Register, those with H-1B visas and certain other temporary work permits would be required to leave the United States as soon as they finish their employment. This could prove to be a blow to American tech companies who rely heavily on the services of foreign workers.

This is the latest move by U.S. president Donald Trump to limit legal immigration?since he returned to office in January of 2025. His administration also increased visa fees for skilled workers, and recently paused the immigrant visa appointments at U.S. mission around the world as it implemented a new training programme.

DHS said in its proposal that the changes could cause some disruptions, but the jobs would go to American workers. It added that in some cases, immigrants who have left their jobs could potentially reapply for the job if they are offered by their former employer.

The notice stated that "DHS assumes they will either hire equally qualified U.S. employees or use the I-129 process based on their workforce requirements."

The 60-day grace is in place since 2017 and gives foreign workers the time they need to secure another U.S. position or take care of their affairs, such as selling a house or taking children out of school before leaving.

H-1B visas were established by Congress in 1989 and are particularly important for tech companies that seek talent from India or China. They allow them to fill positions where there may be a shortage of qualified U.S. workers.

Top H-1B sponsors include consulting firms like Deloitte and PwC, as well as giants in the outsourcing industry such as Infosys and HCL - Tech.

Lawyers at Berardi Immigration Law - a firm that specializes in immigration matters affecting business - said this move would "sharply reduce the time HR teams have to manage layoffs or offboarding of foreign national employees."

The change will also affect holders of E-1 international traders visas, E-2 commercial vehicle operators visa holders, L-1 short-term employment for international company executives and managers, O-1 visas to?people with "extraordinary ability" in sports, science or the arts, as well as TN professional workers.

This would also?impact H-1B1 skilled workers visa holders from Singapore, Chile, and E-3 special worker visa holders in Australia.

Before the rule can become law, it must be subjected to a public comment period of two months.

(source: Reuters)