DHS moves to end the 60-day H-1B grace period — a layoff of a visa holder could mean no cushion at all
On September 11 the Department of Homeland Security published a proposed rule eliminating the discretionary 60-day grace period that has let H-1B, L-1, O-1, E and TN workers stay in the US to find new employment after losing a job. In place since 2016, the grace period is now described by DHS as an administrative "burden" that is "inconsistent with the purpose" of the visa categories. A 10-day grace period would remain, but only after the visa's validity period ends — so, as immigration firm Reddy Neumann Brown notes, an H-1B employee laid off two years into a three-year approval would have no cushion. Employers stay liable for return transportation costs. Comments are open for 60 days, until November 10.
Sources: HR Dive · Federal Register (NPRM) · Reddy Neumann Brown