H-1B 60-day grace period may end: What it means for Indian workers in US
The US may scrap the H-1B 60-day grace period after job loss, putting Indian professionals and their families at risk of sudden immigration uncertainty if the proposal is finalised.
The US may scrap the 60-day window that lets foreign workers on certain visas stay and job-hunt after losing employment.. (File Photo)
The US Department of Homeland Security is proposing to eliminate the 60-day grace period available to certain H-1B workers after their employment ends, a move that could have major consequences for Indian professionals in America.
The proposal is currently under review at the White House Office of Management and Budget and has not yet changed the existing rules.
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If finalised, the proposal could significantly change what happens to H-1B workers after they lose their jobs.
What is the 60-Day grace period?
Under the current rule, certain H-1B workers whose employment ends can generally remain in the US for up to 60 days, or until the end of their authorised stay, whichever comes first.
The 60-day grace period was introduced through a regulation that took effect in January 2017. The existing grace-period provision also covers certain workers in E-1, E-2, E-3, H-1B1, L-1, O-1 and TN classifications, as well as their dependents.
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The proposal would eliminate the grace-period protection when the principal worker’s qualifying employment ends before the authorised period of stay expires.
Why is DHS proposing this change?
The Department of Homeland Security has sent a new plan to the White House Office of Management and Budget for review. The plan wants to remove the 60-day window for workers and their families once their job ends.
This move is part of the Trump administration’s larger effort to tighten the H-1B programme, which the government says is being misused to replace American workers.
Has this rule already changed?
Here’s where things stand:
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The proposal is still under review at the OMB.
Once approved there, it will be published in the Federal Register.
The public will get 30 to 60 days to send in comments.
Only after this process can DHS make the rule final.
For now, the existing 60-day grace-period rule remains in effect. The proposal does not change the current rules while it is under review.
If the proposal is finalised, an H-1B worker who loses their job could lose the current grace-period protection and may have to leave the US unless they qualify for another lawful status or USCIS grants an exception.
Use the 60 days to find a new company willing to sponsor them
Try switching to another visa category
Explore other legal ways to stay in the country
Without the grace period, workers would lose the current window that allows them to pursue these options while remaining protected from an immediate status violation.
The impact on families
Dependents of affected workers, including H-4 family members of H-1B holders, could also be affected because their immigration status is tied to that of the principal worker.
This isn’t the only change affecting H-1B holders. Some other recent developments include:
A $100,000 fee was proposed for new H-1B applications, though a court has paused it for now.
A new rule may raise fees for H-1B extensions.
Some lawmakers are pushing to end the H-1B programme altogether.
What should Indian H-1B workers do now?
For now, the current 60-day grace period remains in place. Workers facing a job loss should follow official DHS/USCIS updates and, if their immigration status is affected, consider seeking advice from a qualified immigration lawyer.
Mashkoora Khan is a journalist and sub-editor on the global desk at The Indian Express. She actively covers issues around Canada visa, immigration policy, global affairs, and international developments.
A trained multimedia journalist, she focuses on producing clear, accurate, and reader-centric explainers on policy-driven subjects that directly affect cross-border mobility and global audiences.
Experience
Mashkoora has worked across digital newsrooms and independent media platforms, with bylines in national and international publications including Al Jazeera, Down to Earth, The Wire, and Maktoob. Her professional experience spans breaking news, policy explainers, live coverage, and multimedia reporting.
At The Indian Express, she is part of the global desk, where she contributes to daily international coverage and plays a role in editing and producing stories on foreign policy, immigration systems, and regulatory changes — particularly those related to Canada’s study, work, and permanent residence pathways.
Expertise
Her core areas of reporting include:
• Canada visa and immigration: Coverage of policy updates, eligibility changes, application processes, and government announcements, with an emphasis on factual explainers and verified information.
• Global affairs: Reporting on international politics, diplomacy, and geopolitical developments.
• Migration and human impact: Stories that examine how policy decisions affect individuals, families, and migrant communities.
Her work prioritises accuracy, sourcing, and context, helping readers navigate complex systems without speculation or exaggeration.
Authoritativeness and trustworthiness
Mashkoora's reporting is grounded in official data, government releases, and on-record sources, in line with The Indian Express’ editorial standards. Her articles aim to distinguish clearly between verified information and developing updates, making her coverage a reliable reference point for readers seeking clarity on international and immigration-related issues. ... Read More
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The US may scrap the 60-day window that lets foreign workers on certain visas stay and job-hunt after losing employment.. (File Photo) 
