The Trump administration has proposed ending the up-to-60-day grace period that allows H-1B workers and several other employment-based visa holders to remain in the United States after losing their jobs. The move could sharply narrow the time available to find a new employer or pursue another immigration option.
Department of Homeland Security (DHS) proposal, scheduled for publication in the Federal Register today, would remove the provision which covers E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN visa classifications and their dependents. If finalised, workers whose employment or qualifying activity ends would generally have to leave the United States immediately, unless they are otherwise authorised to remain. DHS said the present grace period “disconnects the alien’s lawful status from the very basis of eligibility” for these employment-based non-immigrant classifications.
The proposal would restore what DHS described as its earlier policy, under which a worker was expected to depart once employment with the sponsoring employer ended. The period is discretionary and can be shortened or eliminated by DHS.
