The U.S. Department of Homeland Security has proposed a rule that would eliminate the sixty-day grace period currently afforded to certain nonimmigrant visa holders.
The proposed rule targets workers holding E, H-1B, H-1B1, L-1, and TN visas, along with their dependents, removing a key buffer period tied to job loss.
The proposal is currently under review by the Office of Management and Budget before it can be published in the Federal Register for public notice and comment.
The full text of the proposed rule has not yet been published, and its exact details remain unknown pending completion of the OMB review process.
The sixty-day grace period was introduced in 2016 through regulation, and no such protection existed for nonimmigrant workers before that rule came into force.
Under the existing regulation, individuals holding E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN status may remain in authorised stay for up to sixty days after employment ends, or until their I-94 record expires, whichever comes first.
If the proposed rule is finalised, workers whose employment ends before their petition expiration date would no longer be permitted to remain in the United States in any period of authorised stay.
Those affected would instead be required to depart the United States immediately upon losing their employment, placing significant pressure on workers to resolve their immigration status without delay.
Workers would also likely be unable to change their visa status or switch employers unless U.S. Citizenship and Immigration Services chose to exercise favourable discretion on a case-by-case basis.
The elimination of this protection could have wide-reaching implications for businesses relying on skilled foreign workers, particularly in technology, finance, and other specialist sectors.
Legal experts are expected to scrutinise the rule closely once it is published, with employers and advocacy groups likely to submit comments during the formal notice and comment period.
The sixty-day grace period will remain in full effect throughout the duration of the rulemaking process, meaning current visa holders retain their existing protections for now.