Trump Proposal Ends Grace Period for H-1B Visa Holders

The Trump administration has proposed ending the 60-day grace period for certain work visa holders in the US, including H-1B visas. This means that if an H-1B holder loses their job, they will have to leave the country immediately.

Under current immigration laws, holders of certain visas get a 60-day grace period to find a new job after losing their employment tied to their visa. The proposal aims to restore a direct relationship between an alien's non-immigrant status and the specific employment or activity that formed the basis of their admission.

Immigration lawyer Sonal Sharma cautioned that this is still a proposal and can be rejected, modified, or implemented as is. She advised H-1B holders not to make any decisions based on this proposal alone.

If the rule takes effect, Sharma suggested six steps for H-1B holders:

• Consider your last day of work as your last day of visa status and plan accordingly.
• Submit change-of-employer or extension applications early to avoid any delays.
• Use premium processing or portability options to ensure a new petition is filed before the current job ends.
• Employers should plan for immigration timing when offboarding employees.
• H-1B and O-1 sponsors may need to cover reasonable return travel costs.
• Leaving and reentering the US can be a backup plan, as a new approved petition usually allows entry.