The Department of Homeland Security has proposed a new rule that would require immigrants legally in the United States on work visas to depart the country immediately upon losing or quitting their jobs. This proposal aims to eliminate the current 60-day grace period that allows foreign workers to remain in the U.S. to seek new employment.

The rule, published in the Federal Register, states that the loss of employment would result in an immediate loss of legal status for affected individuals. The department asserts that this change would "restore a direct relationship between an alien’s nonimmigrant status and the specific employment or activity that formed the basis of his or her admission."

This policy change could significantly impact various visa holders, including those on H-1B visas, which are commonly used by skilled workers from countries like India and China. Other affected visas include H-1B1 for skilled workers from Singapore and Chile, E-3 specialty worker visas from Australia, O-1 visas for individuals with extraordinary abilities in science, sports, or the arts, and TN visas for professionals from Canada and Mexico under the United States-Mexico-Canada Agreement. Additionally, holders of E-1 international trader visas, E-2 commercial vehicle operator visas, and L-1 visas for executives or managers with international companies could also be affected.

The Trump administration has previously emphasized policies aimed at reducing the number of immigrant workers in the U.S. to boost employment for American workers, including the "Buy American and Hire American" executive order. The 60-day grace period, established in 2017, was intended to provide unemployed visa holders with time to find new employment or make arrangements before leaving the country.

The Department of Homeland Security acknowledges that the change could affect businesses, particularly tech companies that rely on foreign talent. However, the department assumes that "almost all these entities would offer the same jobs to equally qualified US workers." DHS also claims that eliminating the grace period would "reduce the administrative burden" on the department.

The proposed rule is open for a two-month public comment period before it can be finalized and enacted.