10 hrs ago
Proposed H-1B Grace-Period End Raises Indian Worker Concerns
The United States may remove a special 60-day period for some foreign workers who lose their jobs.
This period gives H-1B workers time to find a new sponsoring employer or change their immigration status.
It can also give them time to prepare to leave the country.
The Department of Homeland Security has proposed ending the period.
The proposal has passed an initial White House review, but it is not a final rule.
The government must publish it and allow people to comment before deciding whether to finalize it.
Until then, the current 60-day protection still applies to eligible workers.
Indian professionals may be especially affected because they received most approved H-1B petitions in fiscal 2024.
Immigration attorneys say removing the period could create sudden pressure for workers, families, and employers.
The Department of Homeland Security has proposed eliminating the discretionary 60-day grace period for H-1B and certain other foreign workers who lose their jobs.
The proposal cleared White House regulatory review on August 27 after being submitted to OIRA on August 6.
The proposal is not yet law; it has not been published in the Federal Register or opened for public comment.
Until any rule changes, eligible workers can generally remain in the United States for up to 60 days after employment ends, subject to their authorized validity period.
Indian professionals could be disproportionately affected because they accounted for 71% of approved H-1B petitions in fiscal 2024.
- Who
- The Department of Homeland Security, H-1B workers, employers, and immigration attorneys are central to the proposal.
- What
- The Department of Homeland Security is considering eliminating or substantially reducing the discretionary 60-day grace period available after certain foreign workers lose employment.
- Where
- The policy concerns eligible foreign workers legally present and employed in the United States.
- When
- The proposal was submitted to White House regulatory review on August 6 and cleared review on August 27; the article does not specify the year.
- Why
- The proposal is intended to eliminate the existing discretionary grace period, though the articles do not provide a detailed official rationale.
Worker and Employer Concerns
Proposed Policy Change
Effect of ending the grace period
Worker and Employer Concerns
Immigration attorneys say eliminating or sharply reducing the period could turn an unexpected job loss into an immediate immigration emergency, forcing rushed decisions and potentially disrupting families and employers.
Proposed Policy Change
The Department of Homeland Security has proposed eliminating the discretionary period, but the articles do not state the agency’s detailed rationale or final policy position.
Workforce continuity
Worker and Employer Concerns
Attorneys argue that the existing window gives employers time to retain experienced talent and allows workers to complete a lawful immigration transition.
Proposed Policy Change
Under the proposal, the existing transition period could be removed or substantially curtailed, subject to publication, public comment, and a final agency decision.
Key facts
- Proposal status
- The proposal has cleared White House review but is not yet law or an effective regulation.
- Submitting agency
- The Department of Homeland Security submitted the proposal, identified as RIN 1615-AD22.
- Current protection
- Eligible workers can generally remain in the United States for up to 60 consecutive days after employment ends, or until their authorized validity period ends, whichever comes first.
- Covered categories
- The current regulation covers H-1B, E-1, E-2, E-3, L-1, and O-1 workers, along with qualifying dependents in applicable cases.
- Indian share
- Workers born in India accounted for 71% of approved H-1B petitions in fiscal 2024, according to official United States data.
- Regulatory timeline
- The proposal has not yet been published in the Federal Register, and no public-comment period has begun.
- Grace-period origin
- The 60-day grace period was created through regulation in 2016 and became effective in January 2017.
Quotes
Gnanamookan Senthurjothi and Veena Vijay Ananth
Founders of The Visa Code and immigration attorneys
“Any policy change in this area should therefore be evaluated not only from an immigration-enforcement perspective, but also in terms of its impact on workforce continuity, families and the ability of highly skilled workers to make an orderly transition after an unexpected job loss.”
financialexpress.com
“Losing a job is already a significant professional and financial disruption; requiring a worker to leave the United States almost immediately would add an immigration crisis to an employment crisis.”
financialexpress.com
Kevin J. Andrews
Principal immigration attorney at Kevin J. Andrews LLC
“DHS created the 60-day grace period by regulation in 2016, through notice and comment.”
financialexpress.com
Sources
Related news
US Plan to End 60-Day Grace Period for H-1B Workers
H-1B Grace Period Could End After US Layoffs
Trump Administration Proposal Could End H-1B Grace Period
Trump White House Clears Plan Ending H-1B Grace Period
US mulls ending 60-day grace period for H-1B workers
US proposes ending 60-day H-1B grace period for jobless workers
New York Factory Immigration Raid Faces Scrutiny One Year Later
US Considers Ending H-4 Spouse Work Permits, Indians Hit Hardest
Trump Administration Tightens Scrutiny of Foreign Student Internships
