Will Trump End the 60-Day H-1B Visa Grace Period? What Workers Need to Know

The Trump administration is considering ending the 60-day grace period that allows certain foreign workers, including H-1B visa holders, to remain in the United States temporarily after losing their jobs.

The proposed change is part of a broader effort to tighten employment-based immigration rules and increase scrutiny of companies that use foreign-worker visa programmes.

The issue was discussed on November 15, 2026, when US Department of Labor Inspector General Anthony D'Esposito appeared on Fox News' The Big Weekend Show to discuss immigration enforcement, amnesty and proposed changes to the H-1B programme.

However, the proposed grace-period change is not yet a final rule. Foreign workers should not assume that the existing 60-day provision has already been eliminated.

What is Trump proposing to change about H-1B visas?

The Department of Homeland Security has proposed removing the discretionary grace period that currently gives certain employment-based visa holders up to 60 days to remain in the United States after their qualifying employment ends.

The proposal was published in the Federal Register on September 11, 2026.

Under the existing arrangement, eligible workers who lose their jobs may have up to 60 days, or until their authorised period of stay expires, whichever comes first, to find another employer, pursue an eligible change of status or make arrangements to leave the country.

If the proposed regulation is finalised as written, that grace period would be removed for the affected visa categories.

DHS says the change would restore a closer connection between a worker's immigration status and the employment or activity that qualified them to enter or remain in the United States.

Which visa holders could lose the 60-day grace period?

The proposed rule is not limited to H-1B workers.

It covers several employment-based nonimmigrant classifications:

• E-1 visa holders.
• E-2 visa holders.
• E-3 visa holders.
• H-1B and H-1B1 visa holders.
• L-1 visa holders.
• O-1 visa holders.
• TN visa holders.

The proposal also covers eligible dependents in these categories.

This means the potential impact could extend beyond foreign technology professionals to other skilled workers, executives, specialised employees and professionals working in the United States under the affected visa programmes.

What happens to H-1B workers if the proposal becomes law?

If DHS finalises the proposal without significant changes, affected workers could lose the additional time currently available after their qualifying employment ends.

That could make job losses more difficult for foreign professionals who depend on employer-sponsored immigration status.

Under the existing system, an eligible H-1B worker who is laid off may use the grace period to look for another employer willing to file a qualifying petition or explore another lawful immigration option.

Without that provision, affected workers could face a much shorter window to secure alternative authorisation or depart the United States.

The proposed rule does not mean that every H-1B worker would automatically be deported after losing a job. Other forms of lawful authorisation or immigration relief may still be available, depending on individual circumstances.

What did Anthony D'Esposito say about H-1B visa enforcement?

D'Esposito discussed the administration's immigration enforcement priorities during his November 15 appearance on Fox News.

The interview covered alleged abuses of employment-based visa programmes, the administration's position on amnesty and possible changes to the H-1B system.

D'Esposito has also signalled that federal investigations into alleged immigration programme abuses could lead to further employer suspensions.

In separate comments reported on November 15, he argued that temporary employment visas should not become a permanent business model for companies and said employers should use the H-1B programme when they cannot find qualified American workers.

His comments reflect the administration's stated emphasis on protecting domestic employment and investigating suspected misuse of foreign-worker programmes.

However, the DHS proposal to remove the 60-day grace period is a separate regulatory action. It should not be treated as a change already announced or implemented by D'Esposito during the television interview.

Is Trump also imposing a $100,000 H-1B visa fee?

Yes. The administration has maintained a separate restriction involving a $100,000 payment for certain new H-1B petitions involving workers outside the United States.

The White House announced on September 18, 2026, that the restriction would be extended for another 12 months, through September 21, 2027.

The payment requirement is subject to specified exceptions, including certain national-interest exemptions.

It is important to distinguish this restriction from the proposed grace-period change.

The $100,000 payment concerns certain new H-1B petitions for workers outside the country, while the grace-period proposal concerns what happens to eligible foreign workers after their qualifying employment ends.

They are separate measures within the administration's broader approach to employment-based immigration.

Has Trump officially ended the H-1B 60-day grace period?

No. As of November 15, 2026, DHS has published a proposed rule, not a final regulation eliminating the grace period.

The public-comment deadline was November 10, 2026. The government must still consider the rulemaking process and publish a final decision before the proposed regulatory change can take effect.

Until a final rule is issued and becomes effective, eligible workers should not assume that the existing provision has disappeared.

What does the proposed change mean for foreign workers in the United States?

The proposal could significantly affect how foreign professionals respond to layoffs and employment changes if it becomes final.

Workers who depend on employer-sponsored immigration status may have less flexibility to find a new position or arrange another lawful immigration status after losing their jobs.

Employers could also face additional pressure to manage employment changes and immigration compliance carefully.

For now, the key development is that the Trump administration is pursuing a proposal to remove the discretionary 60-day grace period, while separately maintaining restrictions on certain new H-1B petitions.

The final outcome will depend on DHS's decision following the proposed rulemaking process.

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Originally published at Flames Nova