US Proposes Scrapping 60-Day Grace Period for H-1B and Other Foreign Visa Workers

• The Department of Homeland Security submitted a proposed rule on August 6, 2026, that would eliminate the 60-day grace period for foreign workers
• The grace period currently allows workers on H-1B, L-1, O-1 and several other visa categories to remain in the US after losing their jobs
• The proposal is still under White House regulatory review and has not yet become a final rule

The United States Department of Homeland Security (DHS) submitted a proposed rule on 6 August 2026 that would eliminate the discretionary 60-day grace period currently available to foreign workers on employment-based visas after they lose their jobs.

The proposal, titled "Eliminating the Discretionary 60-day Grace Period," was submitted for White House regulatory review and could significantly reduce the time available to affected visa holders to find new employment, transition to a different immigration status, or arrange departure from the country.

What the 60-day grace period currently allows

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Under existing rules, foreign nationals holding several categories of nonimmigrant work visas are permitted to remain in the United States for up to 60 days following the end of their employment.

The grace period applies to workers on H-1B and H-1B1 visas for speciality occupation roles, L-1 visas for intracompany transferees, O-1 visas for individuals with extraordinary ability or achievement, TN visas for Canadian and Mexican professionals under the USMCA, and E-1, E-2 and E-3 visas for treaty traders, investors and Australian speciality occupation workers respectively.

The window gives eligible workers a meaningful opportunity to secure a new sponsoring employer or explore other legal pathways before their status lapses, without immediately falling out of lawful immigration standing.

What the proposed rule would change

If the proposal clears regulatory review and is published as a final rule, the 60-day buffer would be removed entirely.

Foreign workers whose employment ends would face a significantly tighter timeframe to resolve their immigration status, increasing the risk of unlawful presence for those unable to act quickly.

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The DHS has not yet indicated a specific timeline for finalising the proposal, and the rule remains subject to the standard federal rulemaking process, which typically includes a public comment period before any changes take effect.

The proposal forms part of the Trump administration's broader effort to tighten immigration enforcement and reduce avenues that allow foreign nationals to remain in the country after their qualifying employment ends.

US revokes over 175k visas under Trump

In a related development, YEN.com.gh reported that the US State Department announced on August 10 that it had cancelled more than 175,000 visas held by foreign nationals.

The department said the revocations centred on people who violated their visa conditions, committed crimes on American soil, threatened national security, called for violence against US citizens, or defrauded Americans.

Source: YEN.com.gh