Archive · 9 Aug 2026
Trump Administration Proposes Ending 60-Day Grace Period for H-1B Workers
Some people come from other countries to work in the United States.
They use special paperwork called an H-1B visa.
Most of these workers come from India.
Right now, if they lose their job, they get 60 extra days to find a new one and stay legally.
A government leader, Donald Trump, wants to take away those 60 days.
If the new rule happens, workers would have to leave the country right away when their job ends.
That would be very hard for families, because they would have no time to finish school, sell a car, or pack up their home.
Many people and big companies disagree with the change and may fight it in court.
The rule is not a law yet, and people can still share their opinions about it.
The Trump administration advanced a DHS regulatory proposal to eliminate the 60-day job-loss grace period for non-immigrant visa holders.
The proposal (RIN 1615-AD22) is under White House Office of Management and Budget review and is not yet law.
Indian nationals account for 71% of approved H-1B petitions as of FY2024, making them the most severely affected group.
Laid-off workers and their H-4 dependents would have to leave the US immediately, with no time for job interviews, visa transfers, or resolving home and school obligations.
Experts and NASSCOM anticipate heavy litigation from tech giants and universities, arguing the change requires congressional authority.
- Who
- The Trump administration, via the Department of Homeland Security (DHS), and Indian H-1B visa holders and their H-4 dependents
- What
- A regulatory proposal to eliminate the 60-day job-loss grace period for non-immigrant visa holders
- When
- Proposal under OMB review; article published August 09, 2026
- Where
- The United States
- Why
- The change would force laid-off foreign professionals to leave the US immediately, removing the two-month cushion to find a new job or change visa status
Critics and Industry Bodies
Trump Administration
60-Day Grace Period
Critics and Industry Bodies
Critics say the proposal lacks 'grace' and would force laid-off workers and their families into an immediate immigration crisis, with no time to handle job searches, mortgages, leases, or children's school terms.
Trump Administration
The administration advanced the proposal to eliminate the 60-day cushion, so laid-off foreign professionals and their families would have to leave the US immediately after employment ends.
Authority for the Change
Critics and Industry Bodies
Critics argue that such major policy changes require congressional authority rather than executive mandates, which could tie the rule up in federal courts for months or years.
Trump Administration
The administration is pursuing the change through a DHS regulatory filing currently under executive review by the White House Office of Management and Budget.
- Proposal status
- Early-stage regulatory filing under White House OMB review; not yet law
- Regulatory identifier
- RIN 1615-AD22
- Agency
- Department of Homeland Security (DHS)
- Current grace period
- 60 days
- Indian share of H-1B petitions
- 71% (FY2024)
- Public comment period
- 30-60 days after Federal Register publication
- Affected groups
- Non-immigrant visa holders and H-4 dependents
- Expected opposition
- Litigation from tech giants, universities, and NASSCOM