US plans to end 60-day grace period for foreign workers after job loss
The Department of Homeland Security has proposed eliminating the 60‑day grace period that lets foreign workers stay in the United States for up to two months after losing their jobs, or until their Form I‑94 expires, whichever comes first. The proposal has cleared Office of Management and Budget review and is expected to appear in the Federal Register for public comment; it is not yet law.
If approved, the change would affect H‑1B, H‑1B1, L‑1, O‑1, E‑1, E‑2, E‑3 and TN visa holders, as well as their dependents. For H‑1B workers—widely used by tech firms and employing many Indians and Nigerians—the current window allows time to find a new employer, file a transfer petition, change status or arrange departure. Without it, job loss could trigger immediate loss of status, forcing workers to secure another lawful status or leave the country almost instantly or face penalties for overstaying.
The proposal arrives alongside other Trump administration moves: a proposed $103,265 fee for new H‑1B petitions and a Labor Department review that could raise prevailing wages for H‑1B, H‑1B1, E‑3 and PERM‑linked roles. Nigerians considering US employment should monitor the Federal Register notice, explore alternative visa pathways, maintain updated documentation and have contingency plans ready in case their employment ends unexpectedly.