The Trump administration plans to cancel the 60-day grace period for H-1B visas, and unemployed people must leave the country immediately

The Trump administration plans to cancel the 60-day grace period for H-1B visas, forcing unemployed people to leave the country immediately. (Reuters photo)

First published 02:06

Update time 10:37

According to a government announcement released today, the Trump administration has proposed eliminating the 60-day grace period. This mechanism originally allowed some immigrants, including H-1B visa skilled workers, to stay in the United States after losing their jobs and find sponsorship by a new employer.

Reuters reported that under proposed new rules published in the Federal Register by the U.S. Department of Homeland Security, people holding H-1B and other specific temporary work visas would have to leave the United States immediately once their employment relationship is terminated. This is undoubtedly a big blow to top American technology companies that rely heavily on foreign talents.

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This is the latest move by U.S. President Trump to restrict legal immigration since returning to the White House in January 2025. His administration has also raised fees for skilled labor visas and recently suspended immigrant visa appointments at U.S. embassies and consulates around the world to implement new training programs.

The Department of Homeland Security wrote in the proposal that companies affected by the change may face some operational impact, but said those positions could be filled by American workers instead. The Department of Homeland Security also said that in some cases, migrant workers who have left the country may still have the opportunity to apply for a visa again if their employer reapplies.

The announcement stated: "The Department of Homeland Security presumes that based on manpower needs, companies will choose to offer the same positions to equally qualified U.S. workers or follow the I-129 application process."

The 60-day grace period, implemented since 2017, allows foreign workers a buffer time before leaving the country to find a new job or handle personal matters, such as selling a property or arranging for their children to transfer and leave school.

The H-1B visa, established by the U.S. Congress in 1990, is particularly important for technology companies that need to recruit talent from India and China, allowing companies to fill professional vacancies that sometimes lack suitable candidates locally.

Consulting firms such as Deloitte, PwC and Ernst & Young, as well as large outsourcing services companies such as Tata Consultancy Services, Infosys, HCL Tech and LTIMindtree, are the main sponsors of H-1B visas.

Lawyers from Berardi Immigration Law, which specializes in business immigration matters, said that this measure will "significantly reduce the time of the human resources team to handle the layoff and resignation procedures of foreign employees."

If this change is confirmed to be implemented, the applicable objects will also be expanded to E-1 international trader visa holders, E-2 commercial vehicle driver visa holders, L-1 short-term work visa holders for senior executives and managers of multinational enterprises, O-1 visa holders issued for "people with outstanding ability" in the fields of science, sports or art, and TN professional visa holders.