On Thursday, August 6, 2026, the Department of Homeland Security requested that the White House remove the 60-day grace period that permits H-1B visa holders and other foreign talent on employment-based visas to remain in the United States following job loss.
Currently, foreign workers on employment-based visas are generally granted a 60-day grace period after their employment is terminated. This window allows visa holders to plan for their next step, whether that means finding a new job and employer, pursuing a different immigration status, or voluntarily leaving the country. The proposal is now in regulatory review. If approved, it will eliminate this grace period and potentially rescind legal nonimmigrant status once employment ends, requiring visa holders to take action much sooner.
Who Would be Affected if the Grace Period is Removed?
If the Trump administration were to remove this grace period, numerous employment-based visa holders would be impacted, including foreign workers holding the following visas:
In the United States, there are approximately 600,000 to 730,000 active H-1B visa holders. Additionally, 550,000 individuals are estimated to be dependents of said visa holders, classified as spouses or unmarried children under the age of 21; these individuals hold H-4 visas.
Continued Restrictions For H-1B Visas Under the Trump Administration
Since President Trump’s return to office, the administration has intensified immigration restriction efforts, with several specific policy changes targeting H-1B visa holders.
In February 2026, the Trump administration implemented a wage-weighted system to select visa holders, with individuals earning higher wages receiving a stronger likelihood of selection. In July 2026, the administration embarked on nationwide investigations into alleged H-1B visa fraud and labor trafficking. In doing so, dozens of subpoenas were issued targeting individuals suspected of abusing the H-1B visa process. Additionally, in September 2025, visa application fees were increased from $5,000 to $100,000; however, this was overturned in June of 2026.
The Trump administration also altered the renewal process. Now, visa holders are required to undergo mandatory processes in their home country, rather than at foreign consulates in other countries.
Speak to an Employment-Based Immigration Attorney
As the future of the H-1B visa and other employment-based visas’ 60-day grace period is uncertain, it is advisable to work with a business immigration lawyer to determine the best course of action or discuss any concerns for your particular circumstances.
Reeves Immigration Law Group has decades of experience helping H-1B visa holders and employment-based visa holders achieve their desired results and success in complex cases. With the constant changes in legislation, we understand that the risk of facing deportation or detention is frightening, and the answers are not always clear.
Our team of experienced immigration attorneys will stand by your side to help you. If you have any questions or concerns about what the best next step is to take, contact one of our employment-based immigration attorneys today.
