The Trump administration is preparing to make one of the most consequential changes to America’s temporary employment visa system in years by seeking to eliminate the discretionary 60-day grace period that many foreign workers rely upon after losing their jobs.

The proposal, submitted by the Department of Homeland Security (DHS) through US Citizenship and Immigration Services (USCIS), is now under review by the White House’s Office of Information and Regulatory Affairs (OIRA). If approved, the measure would fundamentally alter the legal position of hundreds of thousands of nonimmigrant workers by requiring them to leave the United States-or otherwise secure lawful status-much sooner after their employment ends.

Although the proposal appears technical, its implications could be far-reaching for employers, foreign professionals, universities, hospitals, technology companies, and the broader US labor market. It also reflects the administration’s broader effort to tighten immigration enforcement and restore what officials describe as greater integrity to the employment-based visa system.

Under current federal regulations, workers in several employment-based visa categories-including H-1B, H-1B1, L-1, O-1, TN, E-1, E-2, and E-3-may receive up to 60 consecutive days of discretionary grace following the termination of their employment.

This period allows eligible workers to search for another sponsoring employer, apply for a change of immigration status, or prepare an orderly departure from the United States without immediately falling out of lawful status.

The provision was introduced to provide flexibility for highly skilled foreign professionals whose employment ends unexpectedly because of layoffs, restructuring, or resignation. It also recognizes the practical realities of changing employers in a highly regulated immigration system where new sponsorship often requires extensive documentation and government approval.

The new DHS proposal would effectively remove this safety net, making lawful presence much more closely tied to continuous employment.

The proposed rule would apply to many of the most widely used temporary employment visa categories.

Among them, the H-1B visa program is by far the largest. The........

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