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DHS Eyes Elimination of 60-Day Grace Period for H-1B Visa Holders
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DHS Eyes Elimination of 60-Day Grace Period for H-1B Visa Holders

The U.S. Department of Homeland Security (DHS) has submitted a proposed rule to the Office of Management and Budget (OMB) that would eliminate the 60-day grace period currently granted to H-1B and similar nonimmigrant visa holders whose employment ends before their visa expiration. If enacted, affected workers could face immediate departure unless U.S. Citizenship and Immigration Services (USCIS) exercises favorable discretion. Legal experts note significant employer challenges, including longer labor condition application processing times and potential reimposition of a $100,000 fee. The rule has not yet been published in the Federal Register, and the regulatory process, including public comment periods, may delay any final change.