The Trump administration is moving to eliminate the 60‑day grace period that currently allows certain non‑immigrant visa holders, including H‑1B workers, to remain in the United States after losing their job. A draft rule posted to the Federal Register shows the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) intend to require noncitizens to depart the country immediately once their employment ends.
Rationale behind the proposal
The proposed rule states that restoring a direct link between a visa holder’s status and the specific employment that justified the visa will “promote program integrity” and align with the statutory purpose of the immigration system. DHS officials argue that removing the grace period will reduce the administrative burden on the agency, which must currently evaluate whether the 60‑day window applies, review petitions, and address complex, often confusing cases for employers, workers, and dependents.
Impact on U.S. workers
According to the draft, ending the grace period is expected to benefit American workers. Employers who previously filled positions with foreign skilled labor will have fewer foreign‑born candidates to consider, encouraging them to hire qualified U.S. workers or reassign work to existing staff. DHS acknowledges that some employers may experience a temporary dip in productivity during the transition, but expects the overall effect to be positive for the domestic labor market.
Historical context
The grace period was first introduced by DHS in a rule that took effect on Jan. 17, 2017, just three days before President Donald Trump assumed office. Prior to that, there was no such provision. The administration’s current proposal seeks to revert to the pre‑2017 framework.
Public comment and next steps
The unpublished rule is slated for publication in the Federal Register on Sept. 11, 2026. After publication, a two‑month public‑comment period will open, allowing stakeholders, businesses, and advocacy groups to submit feedback before the rule could become final.
Reactions
Industry groups and immigration advocates have expressed concern that the change could create uncertainty for skilled workers and their families, potentially discouraging talent from coming to the United States. However, the administration maintains that the policy will strengthen the immigration system and protect American jobs.
Fox News Digital reached out to DHS and the White House for comment; a response was not immediately available.
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