Washington/New Delhi: H-1B visa holders, including thousands of Indian professionals working in the United States, could face a major change if a new US immigration proposal to eliminate the 60-day grace period after job loss is finalized.
The US Department of Homeland Security (DHS) has proposed removing the provision that currently allows certain foreign workers up to 60 days to remain in the country after their employment ends. The period gives workers time to find a new employer, seek another immigration status or make arrangements to leave the US.
What Could Change for H-1B Workers?
The 60-day grace period was introduced in 2017 and applies to several employment-based nonimmigrant categories, including H-1B, L-1 and O-1 visas. If the proposal takes effect, workers could lose that buffer following termination of employment and may have to leave the US much sooner.
The change could be particularly significant for workers who are laid off unexpectedly. Under the current system, an H-1B employee can use the grace period to search for another sponsoring employer and complete the necessary immigration process.
Without the grace period, finding a new employer would become considerably more difficult, especially for workers who need time for interviews, job offers, immigration filings and relocation arrangements.
Why Indians Could Be Particularly Affected
Indian professionals make up a large share of H-1B workers in the United States, particularly in the technology sector. Major IT and consulting companies employ substantial numbers of Indian professionals through the H-1B programme.
As a result, any significant restriction on the period available after job loss could disproportionately affect Indian technology workers and their families.
The proposed change could also create difficulties for families that have spent years establishing themselves in the US, including those with children in schools, homes and other long-term commitments.
Proposal Is Not Yet Final
Importantly, the proposed elimination of the 60-day grace period is not yet a final rule. The DHS proposal is subject to the federal regulatory process, including a public comment period and further review before it can take effect.
The administration argues that employment-based nonimmigrant status is closely tied to the underlying job and that removing the grace period would better align immigration status with employment requirements.
Critics, however, say an immediate or significantly shortened departure requirement could create severe hardship for skilled workers and employers, particularly during mass layoffs or sudden employment changes.
What It Means for H-1B Holders
If finalized, the proposal could make job security even more important for H-1B professionals. Workers facing termination would have far less flexibility to search for another sponsoring employer or arrange an alternative immigration status.
For now, H-1B holders should not assume that the existing 60-day grace period has already been eliminated. The proposal still has to go through the regulatory process before any new requirement becomes effective.
The move is nevertheless being closely watched by Indian professionals and US technology companies, as it could represent another significant tightening of America’s employment-based immigration system.
