Archive · 29 Aug 2026
Trump Administration Proposal Could End H-1B Grace Period
Some foreign workers in the United States can stay for up to 60 days after losing their jobs.
This time helps them find a new employer, change immigration status or prepare to leave.
The Department of Homeland Security has proposed removing this protection.
The proposal has passed a White House review, but it is not a final rule.
The current 60-day period still applies.
The proposal must be published and opened for public comments before any final decision.
Indian workers could be especially affected because they make up a large share of H-1B workers.
Ajay Jain Bhutoria says the period should be extended to 180 days instead of eliminated.
The Department of Homeland Security has proposed eliminating the discretionary 60-day grace period for certain foreign workers after job loss.
The proposal cleared White House regulatory review on August 27, with the action recorded as “Consistent with Change.”
The proposal has not been published, so the current 60-day protection remains in effect.
If published, the measure would undergo public comment before DHS could issue a final rule.
Indian professionals could be particularly affected because they made up 71% of approved H-1B petitions in fiscal year 2024.
- Who
- The Department of Homeland Security proposed the change; it could affect H-1B and other temporary foreign workers, including many Indian professionals.
- What
- A proposal would eliminate the discretionary 60-day post-employment grace period.
- When
- The proposal was submitted on August 6 and its White House review concluded on August 27, 2026, according to the regulatory record cited.
- Where
- The proposal concerns foreign workers in the United States.
- Why
- The articles do not state the administration’s specific reason for proposing the change.
Critics
Proposed Policy
Length of the job-loss window
Critics
Ajay Jain Bhutoria says the 60-day period is already too short and should be extended to 180 days.
Proposed Policy
The Department of Homeland Security proposal would eliminate the discretionary 60-day grace period.
Impact on workers and families
Critics
Bhutoria argues that eliminating the window could leave workers and families without enough time to find jobs, manage housing and address children’s schooling.
Proposed Policy
The proposal could leave affected workers with substantially less time to secure another qualifying position, change status or prepare to leave, although its precise scope is not yet known.
- Proposal
- Eliminating the discretionary 60-day grace period after certain foreign workers lose employment
- Proposing agency
- Department of Homeland Security
- Review status
- White House review concluded with the designation “Consistent with Change”
- Current status
- The proposal has not been published or taken effect; the existing grace period remains in force
- Covered categories
- Potentially includes H-1B, E-1, E-2, E-3, H-1B1, L-1, O-1 and TN workers, plus dependants
- Current rule
- Eligible workers may receive up to 60 consecutive days or until their authorized stay expires, whichever comes first
- Indian beneficiaries
- Indian nationals accounted for 71% of approved H-1B petitions in fiscal year 2024, according to India Today
