The United States government has proposed eliminating the grace period of up to 60 days available to foreign professionals who lose their jobs while in the country under temporary work status. The change would primarily affect H-1B workers, widely employed by technology, engineering and research organizations, as well as several other visa categories.
The Department of Homeland Security proposal still has to go through the federal rulemaking process, including public comment, before it can take effect. The current rule therefore remains in place: eligible workers may have up to 60 days, or until their authorized stay expires, whichever comes first, to find a new sponsor, request a change of status or prepare to leave the United States.
Who could be affected
Besides H-1B holders, the proposal covers E-1 and E-2 traders and investors, L-1 intracompany transferees, O-1 professionals with extraordinary ability, TN workers from Canada and Mexico, and H-1B1 and E-3 categories.
Removing the grace period would sharply reduce the time a dismissed worker has to secure a new position and transfer immigration sponsorship without leaving the country. For families established in the United States, the consequences can extend to housing, children’s schooling, health coverage and pending permanent-residency cases.
Technology industry impact
The H-1B program is central to international recruitment in software, artificial intelligence, semiconductors, engineering and scientific research. Technology companies, consultancies, universities and laboratories use it to hire specialized professionals.
If finalized without a transition mechanism, the proposal could also put pressure on employers managing layoffs and new hires. Moving to a new employer requires a properly filed immigration petition and supporting documentation from both the worker and sponsor.
Independent immigration analyses warn that the absence of a grace period could increase uncertainty during large-scale layoffs, particularly in industries with rapid hiring and workforce-reduction cycles.
What changes now
Nothing changes immediately for workers covered by the current rule. The measure is a proposal, not a final regulation. Its language can still be revised during administrative review and public consultation, and any final rule could face legal challenges.
A worker who is laid off should verify the expiration date on immigration documents and seek qualified advice, because the applicable period may be shorter than 60 days if the authorized stay ends earlier. The grace period is also discretionary rather than an automatic visa extension.
The initiative is part of a broader effort by the Trump administration to tighten professional immigration programs. The debate pits arguments about protecting U.S. jobs against concerns from businesses and universities about retaining international talent.
Next steps
Once the regulatory text is formally published, the government is expected to receive comments from workers, employers, industry groups and specialists. DHS may then issue a final rule, change the proposal or withdraw it. Until that process is completed, the up-to-60-day grace period remains available under the existing framework.
