09/24/2026
The Trump Administration has announced plans to eliminate the 60-day grace period granted to certain employment-based nonimmigrant workers in case of employment termination. Under this policy, workers in H-1B, H-1B1, E-1, E-2, E-3, L-1, O-1, and TN status would all be affected, no longer having this period to remain in the U.S. after their employment ends.
The current rule provides workers with up to 60 days to sort through complications resulting from their job loss, such as finding a new employer and obtaining proper immigration status. DHS is now proposing to remove this provision, significantly shortening the timeframe available to affected foreign workers and their employers.
The proposal will undergo a 60-day public comment period before DHS goes through with the official rulemaking process. Employers and foreign national workers who may be affected should continue monitoring developments and consider their immigration options carefully in the event of changes in employment status.