The Trump administration has moved closer to eliminating a key protection for H-1B visa holders who lose their jobs in the United States. A proposal by the Department of Homeland Security (DHS) to remove the existing 60-day grace period has cleared a key White House review, bringing the proposed change closer to the formal rulemaking stage.
Under the current rules, eligible H-1B workers whose employment ends can generally remain in the US for up to 60 days, or until their authorised stay expires, whichever comes first. The window allows them to find another employer, have a new H-1B petition filed, apply for a change of status or make arrangements to leave the country. The same protection applies to certain dependants.
The proposed rule would remove this discretionary grace period. If it becomes final, an H-1B worker whose employment ends could potentially be required to leave the US immediately rather than having two months to secure another job. They could also face greater difficulty changing employers or switching to another immigration status from inside the country.
The development is particularly significant for Indian professionals, who make up the largest group of H-1B beneficiaries. Indian technology professionals are heavily represented among H-1B workers, making any major change to the programme especially important for the Indian community in the US.
For many workers, finding a new sponsor can take time because a prospective employer must complete immigration paperwork before the worker can legally begin a new H-1B job. Immigration experts have warned that removing the grace period could make layoffs considerably more disruptive and place additional pressure on both employees and employers.
However, the 60-day grace period has not been removed yet. The proposal must still go through the federal rulemaking process, including publication and a period for public comments, before a final regulation can take effect. Until then, the existing 60-day provision remains in force.
The proposal is part of the Trump administration's broader effort to tighten US immigration policies. The H-1B programme has already faced higher costs, increased scrutiny and other proposed restrictions, creating additional uncertainty for foreign skilled workers and the companies that employ them.
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