Trump Administration Proposes Eliminating 60-Day Grace Period for H-1B Visa Holders
SingTao · 2 SOURCESabout 3 hours ago2 MIN
Summary
The U.S. Department of Homeland Security (DHS) unveiled a proposal Thursday to eliminate the 60-day grace period for H-1B visa holders and other temporary foreign workers following job loss . The rule change, published in the Federal Register, would require immediate departure upon termination of employment , marking the latest in a series of immigration restrictions implemented since President Trump took office in January 2025.
Key Points
- The DHS proposal, announced Thursday (September 10, 2026) in the Federal Register, would cancel the existing 60-day grace period for H-1B visa holders and other specified temporary work visa categories
- Affected visa categories include H-1B, E-1, E-2, L-1, O-1, TN, H-1B1 (for Singapore and Chile nationals), and E-3 (for Australian nationals)
- The H-1B program, established in 1990, allocates 85,000 visas annually, allowing holders to stay initially for 3 years with a possible 3-year extension
- Employers hiring H-1B professionals would face a new fee of $103,265 (approximately HKD 807,284), scheduled to take effect in October
- The proposed rule is subject to a 2-month public comment period before final implementation
- Professor Gabriel Chin from UC Davis School of Law criticized the measure, stating that many H-1B workers have settled in American communities with their families and that there is "no legitimate reason to force them to leave just because they are changing jobs"
Why It Matters
The elimination of the grace period could severely disrupt U.S. technology companies and other industries that depend heavily on foreign talent, forcing them to either relocate operations or risk losing skilled workers who face immediate deportation upon job loss . This policy represents a significant escalation in the administration's approach to legal immigration restrictions, with implications extending to international workers considering employment in the United States. The immediate departure requirement removes flexibility for skilled workers facing sudden job loss, raising concerns about talent flight to other countries like Canada and Singapore that offer more immigrant-friendly policies.
The elimination of the grace period could severely disrupt U.S. technology companies and other industries that depend heavily on foreign talent, forcing them to either relocate operations or risk losing skilled workers who face immediate deportation upon job loss . This policy represents a significant escalation in the administration's approach to legal immigration restrictions, with implications extending to international workers considering employment in the United States. The immediate departure requirement removes flexibility for skilled workers facing sudden job loss, raising concerns about talent flight to other countries like Canada and Singapore that offer more immigrant-friendly policies.