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.
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.
Why this hits Indian workers the hardest
Indian professionals make up the largest group of H-1B visa holders in America. Government data shows Indians received 71 per cent of all approved H-1B petitions in 2024. Over 5.2 million people of Indian origin currently live in the US.
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.
What changes for a worker who loses a job?
A laid-off H-1B worker can:
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- 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.
More pressure on H-1B visas
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.
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