DHS May End 60-Day H-1B Grace Period: What It Means for Indian Workers in the US
The US Department of Homeland Security is weighing a proposal to scrap the 60-day grace period that currently allows certain foreign workers, including those on H-1B visas, to remain in the country after their job ends, a move that could squeeze the timeline thousands of visa holders rely on to find new employment or wind up their affairs before leaving the US.
The US Department of Homeland Security is weighing a proposal to scrap the 60-day grace period that currently allows certain foreign workers, including those on H-1B visas, to remain in the country after their job ends, a move that could squeeze the timeline thousands of visa holders rely on to find new employment or wind up their affairs before leaving the US. The proposed regulation is presently under review at the White House Office of Management and Budget and has not yet taken effect, with its final shape only becoming clear once it is published in the Federal Register.
What Is the 60-Day Grace Period
Under existing rules, certain nonimmigrant workers whose job ends before their authorized stay expires can generally get a grace period of up to 60 days, or until their authorized stay runs out, whichever is earlier, reported Bloomberg. The provision was designed to give laid-off workers time to find new employment, change status where eligible, or prepare to exit the country. The proposed DHS rule would eliminate this protection for certain principal nonimmigrants and their dependents once the principal's employment ends. How Will Donald Trump’s Proposed H-1B and L-1 Visa Fee Hike Affect Indian Professionals?
How Indian Workers Could Be Affected
The change is likely to be felt most sharply by Indian professionals. USCIS data shows that 399,402 H-1B petitions, covering both initial and continuing employment, were approved in fiscal year 2024, with 71 percent of approved beneficiaries born in India, far ahead of any other country. An H-1B worker who is laid off currently has up to 60 days to find another employer willing to sponsor a fresh H-1B petition; losing that window could make an already difficult job transition considerably more urgent. The framework also covers E-1, E-2, E-3, H-1B1, L-1, O-1 and TN categories along with eligible dependents, though the proposal does not single out Indian nationals or any specific nationality. H-1B Visas Could Be Paused for 3 Years Under New US Bill; What It Means for Indians Professionals.
What Happens if an H-1B Worker Loses a Job
Under the current system, an eligible worker can use the grace period to secure another position and have a prospective employer file the necessary H-1B petition. USCIS has said recently unemployed workers may also, depending on circumstances, pursue options such as changing to another nonimmigrant status or seeking other forms of immigration relief. If the grace period disappears, the practical room to use these alternatives could shrink considerably.
Is the 60-Day Grace Period Ending Now
No. The proposal remains under OMB review and has not become a final regulation, meaning eligible workers continue to have existing protections under current rules. If DHS proceeds, the rule would first need to be published in the Federal Register, followed by a public comment period of 30 to 60 days, after which DHS would need to consider the feedback before issuing a final rule. This means there is no immediate change requiring H-1B or other covered visa holders to leave the US simply because they lose their jobs.
(The above story first appeared on LatestLY on Aug 08, 2026 09:33 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).
