USCIS and DHS propose ending the H1B visa 60-day grace period rule

USCIS and DHS are preparing to publish a rule to eliminate the 60-day grace period currently available to H-1B visa holders whose employment ends or whose status is otherwise uncertain. Under existing rules, H-1B workers can remain in the United States for up to 60 days to find new employment, pursue a status change, or depart. The proposed rule would remove that cushion, potentially forcing affected workers to leave sooner or to rely on alternative visa status or employers’ petitions more quickly. Government officials say the change would strengthen program integrity and align H-1B rules with other immigration provisions. The agencies are expected to issue a notice of proposed rulemaking and invite public comment, with the rule becoming final only after review. The proposal could affect a large number of H-1B workers, including many from India, and may have broader implications for employers who sponsor H-1B workers and for tech-sector labor markets. No timeline for when the rule would take effect was provided in the report.