The Department of Homeland Security has proposed eliminating the 60-day grace period that helps some visa recipients remain in the United States after their employment ends. Under the September 11 proposal, DHS would rescind the regulation that permits workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN status, and their dependents, to remain in the United States for a discretionary grace period of up to 60 days (or until the I-94 expires, if sooner) after their employment ends.
Since 2017, the 60-day grace period has provided a bridge for H-1B and other nonimmigrant workers following job loss. Workers have commonly used the period to pursue new sponsorship, request another status, or prepare to depart without falling out of status.
Employers could face compressed timelines when recruiting displaced workers and greater immigration consequences during company layoffs, restructurings, or terminations. Employers should review their layoff, termination, and severance procedures to ensure that they promptly involve immigration counsel when a sponsored employee’s employment may be ending.
Public comments are due November 10.
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