Trump Administration Moves to End 60-Day Grace Period for Foreign Workers

The Trump administration is moving to eliminate a 60-day grace period that allows certain foreign workers in the United States to remain in the country temporarily after losing their jobs while they search for new employment or make arrangements to leave.

The proposed change is part of the administration’s broader effort to tighten legal immigration rules.

The U.S. Citizenship and Immigration Services (USCIS) announced the plan on Thursday, saying it intends to repeal a regulation introduced in 2017. Under the existing rule, certain employment-based visa holders can remain in the United States for up to 60 days after their employment ends, giving them time to find another employer, secure a different legal status or prepare to depart the country.

The grace period currently applies to several employment-based visa categories, including the H-1B visa, which is widely used by U.S. technology companies to hire highly skilled foreign workers.

If finalized, the proposal could create challenges for major U.S. companies that depend heavily on foreign talent, particularly in the technology sector.

The move is the latest immigration measure taken by President Donald Trump since returning to office in January 2025. His administration has also raised visa fees for skilled workers and recently suspended the scheduling of immigrant visa appointments and interviews at U.S. missions worldwide as part of efforts to implement a new training program.

The Department of Homeland Security (DHS) acknowledged that eliminating the grace period could disrupt some businesses but argued that the change could also create opportunities for U.S. workers to fill affected positions.

In some cases, foreign workers who leave the United States could return if their employers later file new petitions on their behalf, according to the DHS notice.

The department said it expects companies to either offer affected positions to similarly qualified U.S. workers or determine their staffing needs through the Form I-129 petition process.

The proposed rule will be subject to a 60-day public comment period before the administration decides whether to finalize it.