DHS moves closer to eliminating the 60-day grace period for H-1B workers

The Department of Homeland Security (DHS) is moving forward with a proposed rule that could eliminate the discretionary 60-day grace period currently available to certain nonimmigrant workers following the termination of employment.

Proposed rule vs. existing regulations

On August 27, the White House Office of Information and Regulatory Affairs (OIRA) completed its review of the DHS-proposed rule titled “Eliminating the Discretionary 60-day Grace Period.” The completion of OIRA review clears the way for the DHS to publish the proposed rule in the Federal Register.

Under current regulations, certain nonimmigrant workers, including individuals in H-1B, L-1, O-1, TN, E-1, E-2, and E-3 status, may be granted a discretionary grace period of up to 60 consecutive days following the end of employment or until the end of their authorized validity period, whichever is shorter. This period can provide foreign national workers with valuable time to find new employment, have a new employer file a petition on their behalf, change status, or make arrangements to depart the United States.

What this means for employers