DHS Moves to End 60-Day H-1B Grace Period as White House Reviews Rule
Updated
Updated · Human Resource Executive® · Aug 20
DHS Moves to End 60-Day H-1B Grace Period as White House Reviews Rule
3 articles · Updated · Human Resource Executive® · Aug 20
Summary
A DHS proposal to eliminate the discretionary 60-day grace period for H-1B and some other employment-based visa holders is now pending review at the White House Office of Information and Regulatory Affairs.
The current rule still stands, giving affected workers up to 60 consecutive days after sponsored employment ends—or until their status expires—to seek a new petition, change status or leave the United States.
Losing that window would compress hiring and offboarding into a much tighter timeline, making ordinary steps such as interviews, sponsorship approval and petition preparation harder for new employers to complete in time.
Smaller employers, hospitals, universities and midsize manufacturers could be hit harder than large companies with in-house immigration teams, while HR risks rise if terminations, redeployment reviews and manager communications are not coordinated early.
The proposal text has not been published, but it signals a broader shift: immigration timing may need to be built into layoffs, internal mobility and recruiting before employment decisions become final.