These New Regulations Could Take on Permanent 'Temporary' Foreign Workers

Aug 09, 2026 10:00 AM
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These New Regulations Could Take on Permanent 'Temporary' Foreign Workers
AP Photo/Julia Demaree Nikhinson

The Department of Homeland Security has put forth new rules that would bring an end to the 60-day grace period for H-1B visa holders who lose their job.

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Under current regulations, H-1B visa holders have a 60-day grace period to procure employment with another sponsor or request a visa status change before losing their legal alien status in the United States.

On Thursday, regulators put forth a suggestion to completely eliminate the 60-day grace period for the White House to review. Elimination would mean a reversion to standards that existed prior to 2017. Critics of the grace period claim that the practice has allowed for H-1Bs to act as a permanent American workforce replacement, as visa holders can simply find new employment to remain in the United States.

To further combat the issue, regulators have also suggested an increase in mandatory reapplication fees for H-1B holders who are employed with large companies that over-employ H-1B or L-1 visas. The new rules will impose a $4,000 or $4,500 fee, respectively, to extensions. Previously, the fee was only required when new visa holders were hired.

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The Trump administration has taken aim at numerous legal practices that undermine American citizenship and employees as of late. President Donald Trump recently signed two executive orders aimed at dismantling birthright citizenship and the practice of β€œbirth tourism.” The Trump administration likewise launched a sweeping investigation into H-1B fraud last month.

The newest regulations could go into effect as soon as mid-September.

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