Image Source: Bloomberg Law News
Visa policy could be headed for a major change as the Department of Homeland Security advances a proposal that would eliminate the 60-day grace period available to H-1B workers after losing their jobs.
The proposed rule was sent to the White House Office of Information and Regulatory Affairs for review Thursday, according to Bloomberg Law. The filing identifies the proposal as RIN 1615-AD22. Although the measure is still under review, its potential impact is already drawing attention across the immigration and employment landscape.
Visa Proposal Creates Urgent H-1B Uncertainty
Under current regulations, H-1B workers and certain other nonimmigrant visa holders generally have up to 60 days after employment ends to find a new sponsoring employer, change their immigration status, or otherwise take steps before their authorized stay expires.
DHS adopted the expanded grace-period framework in 2017. Since then, the rule has provided a limited buffer for workers facing layoffs, workplace closures, or other sudden employment disruptions. The proposed change would remove that buffer and could create immediate consequences for workers whose jobs end unexpectedly.
For H-1B professionals, the 60-day period can be critical. Finding a new employer willing and able to sponsor a worker often involves interviews, internal approvals, immigration paperwork, and government processing. Without the grace period, affected employees could have far less time to protect their status.
What the DHS Plan Could Change
The proposal would target the regulations governing the period in which H-1B workers may remain in the United States after their employment ends. If finalized, the change could mean that a worker’s lawful stay is affected much sooner following a job loss.
- Less time to find sponsorship: Workers could face immediate pressure to secure another qualifying position.
- Greater status risks: A sudden layoff could produce faster immigration consequences.
- More employer responsibility: Companies may need to respond quickly when sponsoring employees leave their jobs.
- Fewer options after termination: Workers could have less time to explore a status change or other lawful alternatives.
The filing does not mean the policy is already in effect. The proposed rule must move through the federal regulatory process, including review and likely publication for public comment. Changes could still be made before any final regulation is issued, and the timing of implementation remains uncertain.
Why H-1B Workers and Employers Are Watching Closely
The H-1B visa program is widely used by technology companies, research institutions, healthcare organizations, and other employers seeking specialized talent. Many H-1B employees rely on continued sponsorship to remain legally employed in the United States.
A shorter or eliminated grace period could make layoffs more disruptive. Workers might need to act immediately, while employers could face new compliance challenges during terminations, reorganizations, and workforce reductions.
The change could also affect recruitment decisions. Companies may become more cautious when hiring H-1B professionals who could require sponsorship transfers. At the same time, workers may have to evaluate job offers, immigration strategies, and departure plans on a much faster timetable.
Immigration attorneys and human-resources teams are likely to monitor the proposal closely. The most important details will include whether DHS creates any transition provisions, how the rule treats existing workers, and whether exceptions would apply in particular circumstances.
Critical Next Steps in the Regulatory Process
The White House review is an early stage rather than a final decision. Once the proposal advances, the administration may publish it for public comment. Employers, workers, industry groups, and immigration professionals would then have an opportunity to submit feedback.
Until a final rule takes effect, the existing 60-day grace period remains the relevant framework described in the report. H-1B workers who lose employment should still seek qualified immigration advice promptly, because individual circumstances can vary and deadlines may be sensitive.
The DHS plan represents a potentially significant shift in employment-based immigration policy. For now, the proposal has created uncertainty—but not yet a new legal requirement. The final outcome will depend on the regulatory review, public response, and any revisions made before a decision.
Frequently Asked Questions About the Visa Proposal
What is the H-1B 60-day grace period?
It is a period that allows eligible H-1B workers and certain other nonimmigrant visa holders to seek a new sponsoring employer, change status, or take other lawful steps after employment ends.
Has DHS eliminated the grace period?
No. The proposal is still under review by the White House Office of Information and Regulatory Affairs. It is not yet a final rule or an active change to the current framework.
When was the H-1B grace period established?
The expanded grace-period regulations were adopted in 2017, according to the Bloomberg Law report.
Who could be affected by the proposal?
H-1B workers who lose their jobs could be directly affected, along with employers that sponsor them and professionals managing immigration compliance.
What should affected workers do now?
Workers facing job loss should review their options quickly with a qualified immigration professional. The appropriate steps depend on employment history, status, sponsorship, and personal circumstances.
