Under the proposal, the Department of Homeland Security (DHS) would eliminate the discretionary, maximum 60-day grace period currently accorded to E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN nonimmigrants (and their dependents) whose employment ceases.
If the rule is finalized, it will mean that nonimmigrants whose employment has ceased before the end of their period of stay would need to depart the United States immediately, unless they have separate authorization to remain. In its proposal, DHS acknowledges that if the grace period regulation is eliminated, some affected foreign nationals could be issued Notices to Appear (NTA), the government鈥檚 first step in initiating removal (deportation) proceedings. The prospect of NTA issuance may be likelier for those in nonimmigrant categories that require an employer to immediately notify the government when employment of the foreign national has ceased, including H-1B, O-1, and P.聽 Department of Labor regulations and policies also require USCIS notification to end Labor Condition Application (LCA) wage obligations related to H-1B, H-1B1, and E-3 employment termination.
The proposal does not have immediate impact. It will not take effect until DHS reviews the public feedback received over the 60-day public comment period and publishes a final regulation with a specific implementation date.
Visit if you wish to submit a public comment.