The White House has completed its review of a , after they lose their jobs in the United States.
The . Details of the proposed regulation are not yet public. If the proposal moves forward, it will be published in the Federal Register, followed by a public comment period, typically lasting 30 to 60 days.
The rule would represent a significant change for foreign professionals who depend on employer-sponsored visas to remain legally in the US.
What is the 60-day H-1B grace period?
The 60-day grace period was introduced in 2017 to give certain nonimmigrant workers and their dependents time to remain in the US after employment ends.
During this period, an holder who is laid off or otherwise loses employment can look for another job and potentially change employers without immediately having to leave the country.
The provision applies to several visa categories, including H-1B, H-1B1, L-1, O-1, E-1, E-2, E-3 and TN, as well as eligible dependents.
has the discretion to shorten or deny the grace period in individual cases, although immigration consultants say it has rarely done so.
What happens if the grace period is removed?
If the proposed regulation is finalised and the 60-day protection is eliminated, foreign workers could face a much shorter window — or potentially no automatic grace period — after their employment ends.
They would generally be expected to leave the US when their employment ceases, unless another immigration option is available or USCIS exercises discretion to forgive a lapse in status.
This could make job loss particularly difficult for workers because their immigration status is generally tied to employment.
Under the current system, a worker who is laid off has time to search for another sponsoring employer. Removing that window could make it considerably harder to find a new job, complete the required immigration process and maintain lawful status while remaining in the US.
Why Indians could be particularly affected
The proposed change could have a major impact on Indian professionals because Indians make up the largest group of .
Indian nationals accounted for 71% of successful H-1B applicants in fiscal 2024, according to the figures cited in the report.
That means a change affecting the post-employment grace period could disproportionately affect Indian technology professionals and other skilled workers employed in the US on .
The impact could be especially significant during periods of layoffs in sectors such as technology, consulting and financial services, where H-1B workers are heavily represented.
Families could also be affected
The proposal would not only affect workers. Eligible dependents could also be affected when the principal visa holder loses employment.
For an Indian H-1B worker with a spouse and children in the US, losing a job could therefore create an immediate immigration issue for the entire family.
Without the 60-day window, families could have little time to arrange international travel, housing, children’s schooling and other personal affairs.
Former White House adviser Ajay Jain Bhutoria has criticised the proposal and called for the grace period to be increased to 180 days, rather than eliminated.
“Eliminating the 60-day grace period is both inhumane and unworkable,” Bhutoria said.
He argued that even 60 days can be insufficient for a highly skilled worker who suddenly loses employment, particularly when the person has a family in the US.
“People will not even have the time required to manage their leases, transition their children out of schools, or handle personal affairs,” he said.
Proposal is not yet a final rule
Importantly, the 60-day grace period has not been eliminated.
The White House has completed its review, but the proposal still needs to be published in the Federal Register. A public comment period would follow, after which the administration could modify, withdraw or finalise the regulation.
The specific provisions will therefore not be known until the proposal is officially published.
For Indian H-1B workers, the key concern is that eliminating the grace period could turn an unexpected layoff into an immediate immigration crisis, leaving significantly less time to secure new employment or make arrangements to leave the US.
(With PTI inputs)
