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H-1B Bombshell: DHS Axes 60-Day Job Loss Protection
DHS Wants to Remove the Safety Net for H-1B Workers Who Lose Their Jobs
What Is Happening?
The Department of Homeland Security (DHS) has sent a new proposal to the White House for review. This proposal wants to get rid of a 60-day "grace period" that currently protects certain foreign workers in the U.S. if they lose their jobs.
Important Point
This is still a proposal, not a final law. It has to go through several more steps before it could actually change anything.
Who Does This Affect?
This change would impact people working in the U.S. on H-1B visas (and similar nonimmigrant work visas).
In simple terms:
Imagine you moved to a new country for a job. One day, your company lets you go. Right now, you have 60 days to find a new job or fix your visa status before you have to leave. This proposal wants to take those 60 days away.
How It Works Right Now (Since 2017)
Since 2017, DHS rules have given workers a safety net:
- You lose your job.
- You get 60 days (or until your I-94 expires, whichever comes first) to:
- Find a new employer to sponsor you
- Apply to change your visa status
- Prepare to leave the country
- During this time, you are still legally in the U.S.
What Would Change?
If this proposal becomes a rule:
| Current Rule | Proposed Rule |
|---|---|
| 60-day grace period after job loss | No grace period |
| Time to find new sponsor | Immediate loss of status |
| Legal stay while searching | Must leave or change status instantly |
Important Point
Without the grace period, a layoff could mean instant immigration trouble—even if you’ve lived and worked in the U.S. for years.
Where Is This in the Process?
The rule has reached an important checkpoint:
- DHS wrote the proposal (RIN: 1615-AD22)
- Sent to White House OIRA (Office of Information and Regulatory Affairs) for review — this happened Thursday
- OIRA reviews it (can take weeks or months)
- Published in Federal Register for public comment
- Final rule issued (maybe with changes)
- Effective date set
Why Does This Matter?
- H-1B workers often have mortgages, families, and roots in the U.S.
- Tech layoffs have been common recently
- Losing 60 days means no time to react
- Could force people to leave the country suddenly or fall out of status
Summary
- DHS proposed eliminating the 60-day grace period for H-1B and similar visa holders who lose their jobs.
- The proposal is under White House review (RIN: 1615-AD22).
- Since 2017, workers had 60 days to find a new sponsor or change status.
- If removed, job loss = immediate immigration risk.
- This is not final yet—there will be chances for public input.
FAQ
What is an H-1B visa?
It’s a work visa for specialty occupations (like tech, engineering, finance) that lets U.S. companies hire foreign professionals.
What is a "grace period"?
A set number of days you’re allowed to stay legally in the U.S. after your job ends, so you can sort out your next steps.
Can I still change jobs on H-1B?
Yes—but only if you have a new employer ready to file for you. Without the grace period, there’s zero buffer between jobs.
When would this take effect?
Not immediately. It must go through public comment, final review, and publication first. That takes months at minimum.
Can I do anything about this?
Yes! When the rule is published in the Federal Register, anyone can submit a comment. Advocacy groups and immigration lawyers often help organize responses.
