DID DHS END THE 60-DAY GRACE PERIOD AFTER JOB LOSS?
DID DHS END THE 60-DAY GRACE PERIOD AFTER JOB LOSS?
#H1B #H1BGracePeriod #L1Visa #O1Visa #TNVisa #USCIS #DHS #ImmigrationNews
DHS has proposed eliminating the discretionary up-to-60-day grace period available after qualifying employment ends for several employment-based nonimmigrant classifications.
The proposal covers E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers and their dependents. But the key point is simple: this is a proposed rule, not a final rule.
In this video, we explain what remains available today and why workers should not rely on headlines saying the grace period has already disappeared.
There is a lot of confusion right now about the 60-day grace period after losing a job in the United States.
DHS has proposed eliminating the discretionary grace period of up to 60 days for several employment-based nonimmigrant categories.
The proposal includes E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers, along with affected dependents.
So has the 60-day grace period already been eliminated?
No. Not at this time.
This is a proposed rule. The existing regulation remains in effect unless and until DHS completes the rulemaking process and a final rule takes effect.
Important: The current grace period is already discretionary and is generally limited to up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter.
If you lose your job, do not simply assume you automatically have a guaranteed 60 days. Review your I-94, the termination date, possible new employment, change of status, departure, and any other available immigration strategy immediately.
If DHS finalizes this proposal, the consequences of job loss could become much more severe and much faster.
But today, headlines saying the 60-day grace period is already gone are premature. Follow us and we will update you if a final rule is issued.
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