DHS proposes ending post-job-loss grace period for certain foreign workers

The Department of Homeland Security released a draft proposal Thursday that would remove the 60-day grace period for certain non-immigrant workers after termination of employment. The proposal covers several employment-based visa categories, including H-1B and L-1 holders.

Under the existing framework, affected workers typically receive a discretionary period of up to 60 days, or until their authorized stay ends, whichever comes first. That time can allow them to find another employer, seek a change of status or prepare to leave the United States.

DHS acknowledges that eliminating the provision could impose financial costs on workers who would have to leave and seek readmission while pursuing new employment. The department also says some could receive Notices to Appear and potentially face removal proceedings.

The proposed rule is open for public comment. The process leading to a final rule could take several months, leaving the proposal's completion timeline uncertain.