At 9 a.m., HR approves the elimination of a role. By noon, payroll has the final date, IT has the access plan and the manager has talking points. For an H-1B employee, however, the same offboarding sequence can start a second clock—one that affects the employee’s ability to remain in the United States and a new employer’s ability to hire that person.
Under the current federal regulation, workers in H-1B and several other employment-based classifications may receive a discretionary period of up to 60 consecutive days after sponsored employment ends—or until the end of their authorized validity period, whichever is shorter.
The period is not work authorization. It is a limited window to pursue another lawful option, such as having a new employer file an eligible petition, changing status or preparing to depart.
That window is now in question. The White House Office of Information and Regulatory Affairs lists DHS proposal RIN 1615-AD22, “Eliminating the Discretionary 60-day Grace Period,” as pending review.
The proposed text has not been published, and the current rule remains in effect. Employers should not rewrite policy around the title of a proposed rule. But they should recognize the signal: A process that already moves quickly could become much less forgiving.
See also: Inside the new weighted H-1B lottery and its impact on HR compliance
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