The Trump administration is considering a major change to the H-1B visa program that could remove a key protection for foreign workers who lose their jobs in the United States.
The Department of Homeland Security is reviewing a proposed rule that could eliminate the 60-day grace period currently available to certain nonimmigrant workers, including H-1B visa holders, after their employment ends.
The 60-day window has provided a crucial cushion for foreign workers facing sudden job loss. Under the current rules, eligible workers can remain in the U.S. for up to 60 days, or until the end of their authorized stay if that comes sooner, after their employment is terminated.
During that period, workers can look for another qualifying job, transfer to a new employer or, in some cases, seek a change in immigration status without immediately leaving the country.
The proposed rule, identified as RIN 1615-AD22, is still under review and has not taken effect. The proposal is currently being reviewed by the Office of Management and Budget. If it moves forward and is ultimately finalized, the change could significantly reduce the options available to H-1B workers who suddenly find themselves unemployed.
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Without the 60-day protection, losing a job could put an affected worker’s immigration status at immediate risk. Their dependents could also face consequences because their status is tied to the principal visa holder.
The existing grace period was introduced in 2017 and covers several nonimmigrant categories, including E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers, along with eligible dependents. DHS already has discretion to shorten or deny the grace period in certain circumstances.
The possible removal of the 60-day window comes as the Trump administration continues to pursue changes to the H-1B program. The administration has argued that the visa system has been misused by employers and has taken several steps aimed at tightening immigration rules for highly skilled foreign workers.
If DHS clears the proposal following the OMB review, it would be published in the Federal Register, opening a public comment period before any final rule could take effect.
The administration has also pursued other major changes to the H-1B system. In September 2025, Trump issued a proclamation seeking an additional $100,000 payment for certain new H-1B petitions. A federal court has since blocked the fee, ruling that the measure was unlawful.
The State Department has separately expanded screening and vetting requirements for H-1B and H-4 visa applicants. The changes add another layer of scrutiny for foreign workers and their families as the administration continues to reshape the U.S. immigration system.
For H-1B workers, however, the proposed removal of the 60-day grace period could have one of the most immediate consequences. A job loss that once gave workers time to find another employer could instead leave them with far less room to remain legally in the United States.