USCIS proposes eliminating 60-day grace period for H-1B, L-1 and other nonimmigrant workers
Key points
- The proposed rule would eliminate the 60-day grace period for H-1B, H-1B1, E-1, E-2, E-3, L-1, O-1 and TN workers
- The grace period has existed since 2017
- USCIS says the change would cut administrative burden and acknowledges more removal proceedings; the proposal remains at the proposal stage
On Sept. 11, USCIS published a Notice of Proposed Rulemaking that, if adopted, would eliminate the 60-day grace period for most nonimmigrant workers in H-1B, H-1B1, E-1, E-2, E-3, L-1, O-1 or TN status who lose their jobs. The grace period has existed since 2017. USCIS says the change would align rules with statutes and cut administrative burden, while acknowledging more removal proceedings. The proposal remains at the proposal stage and has not taken effect. For reference only; not legal advice.
What employers should do
- Review transition arrangements for nonimmigrant employees in case the grace period is removed
- Build the timing rules of each visa status into offboarding procedures
Policy details
- Jurisdiction
- Federal
- Status
- Proposed rule
- Effective date
- —
- Employers covered
- U.S. employers that employ H-1B, L-1, O-1, TN and other nonimmigrant workers
- Official source
- View official source ↗
Original report: View source ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.