The Trump administration has proposed eliminating or significantly shortening the grace period for certain visa holders, including those on H-1B visas, which could force some foreign workers to leave the United States immediately after losing their employment. The Department of Homeland Security (DHS) outlined the proposal, which aims to remove or reduce a discretionary grace period that currently allows workers a limited time to find new employment or change their status after leaving a sponsoring employer.
The DHS stated that eliminating the grace period would reduce administrative burdens. According to the proposal document, between October 1, 2017, and May 20, 2026, the U.S. Citizenship and Immigration Services (USCIS) had to assess the application of the 60-day grace period in approximately 1.9 million cases. The department believes that the potential benefits of the grace period to workers, their families, and employers are outweighed by the perceived harm.
This policy change could have a significant impact not only on prospective employers seeking to hire foreign talent but also on the families of visa holders. Immigration advocacy group FWD.us estimates that around 730,000 H-1B visa holders and their approximately 550,000 dependents, including spouses and children, reside in the U.S. The proposal suggests that some foreign workers would be considered immediately removable if they are no longer employed by the company tied to their visa status.
The DHS acknowledges the potential ripple effect of these changes, affecting families and communities. The proposal indicates that the department finds the potential harm of the grace period outweighs its benefits to the individuals involved, their dependents, and the wider community.