DHS Moves to End 60-Day Grace Period for Laid-Off H-1B Workers

The Trump administration has proposed eliminating the discretionary 60-day grace period that allows certain foreign workers who lose their jobs to remain in the United States while seeking new employment or arranging their departure. The change would affect H-1B workers and several other employment-based visa categories, along with some dependents; workers generally could be considered out of status the day after their employment ends unless they have another lawful basis to remain. DHS says the proposal would restore the policy in place before 2017 and encourage employers to hire qualified U.S. workers, while immigration lawyers and business groups warn it would sharply compress the time available to manage layoffs, find sponsors and protect families’ legal status. The proposal is not final and will undergo a 60-day public-comment period before DHS decides whether to implement it.