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US to Scrap 60-Day Job Search Window for Foreign Visa Workers After Layoffs? What We Know
The proposal would leave H-1B workers and other visa holders with no 60-day cushion after job loss, officials said.
The Trump administration is considering a rule to remove the 60-day grace period for H-1B visa holders, as DHS reviews a proposed change that would eliminate this key protection for nonimmigrant workers in the United States.
Under current rules, eligible workers can remain in the United States for up to 60 days after their employment ends, a window established in 2017 covering H-1B, E-1, E-2, E-3, H-1B1, L-1, and O-1 visa categories.
Removing the 60-day protection could leave workers with immediate immigration risks, potentially affecting H-4 dependents whose status is tied to principal visa holders, as DHS argues the visa system has been misused by employers.
The proposed rule, identified as RIN 1615-AD22, is under review by the Office of Management and Budget; if cleared, it will be published in the Federal Register for public comment before finalization.
Global tech hiring by United States companies has surged 31%, even as a federal Court recently blocked a separate $100,000 fee for new H-1B petitions, ruling the measure unlawful on August 4.