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H-1B Grace Period Could End After US Layoffs
The United States is considering changing a rule for some foreign workers who lose their jobs.
Right now, many H-1B workers can stay for up to 60 days while looking for a new job.
The proposed change could remove that time.
Workers might then have to leave the country soon after their employment ends.
Their spouses and children could also be affected.
Indian workers may be especially impacted because they make up most successful H-1B applicants.
Former White House adviser Ajay Jain Bhutoria wants the period increased to 180 days instead.
The proposal is not a final rule yet and must go through publication and public comments.
The White House completed its review of a proposal that could eliminate the 60-day grace period for certain foreign workers after job loss.
The Department of Homeland Security submitted the proposal to the Office of Management and Budget, but its details have not been made public.
The current grace period, introduced in 2017, allows eligible workers to seek new employment or change employers after losing a job.
If finalized, the change could require workers to leave the United States sooner unless another immigration option is available.
Indian professionals could be disproportionately affected because they accounted for 71% of successful H-1B applicants in fiscal 2024.
- Who
- Certain foreign workers and their eligible dependents, especially H-1B workers and Indian professionals, would be affected; former White House adviser Ajay Jain Bhutoria criticized the proposal.
- What
- The Trump administration has reviewed a proposal that could eliminate the 60-day post-employment grace period for several visa categories.
- Where
- The proposal concerns foreign workers in the United States.
- When
- The grace period was introduced in 2017; the proposal was sent for review earlier this month, and the review has now been completed.
- Why
- Eliminating the grace period would shorten the time workers have to find new sponsorship or arrange to leave the United States after losing employment.
Critics of Elimination
Proposed Rule
Length of post-layoff protection
Critics of Elimination
Ajay Jain Bhutoria argues that even 60 days can be insufficient and has called for a 180-day grace period.
Proposed Rule
The proposal could eliminate the automatic 60-day grace period after employment ends.
Impact on workers and families
Critics of Elimination
Critics say removing the window would be inhumane and unworkable, leaving families little time to manage housing, schooling and travel.
Proposed Rule
Under the proposal, workers could face a much shorter window or no automatic grace period unless another immigration option or USCIS discretion applies.
Key facts
- Current grace period
- Up to 60 days after employment ends for eligible workers
- Proposal status
- White House review completed; the proposal is not yet a final rule
- Next steps
- Publication in the Federal Register followed by a public comment period, typically 30 to 60 days
- Visa categories mentioned
- H-1B, H-1B1, L-1, O-1, E-1, E-2, E-3 and TN
- Indian share of successful H-1B applicants
- 71% in fiscal 2024
- Alternative proposed by Ajay Jain Bhutoria
- Increase the grace period to 180 days instead of eliminating it
Quotes
Ajay Jain Bhutoria
Former White House adviser who criticized the proposal
“People will not even have the time required to manage their leases, transition their children out of schools, or handle personal affairs.”
livemint.com
“Eliminating the 60-day grace period is both inhumane and unworkable.”
livemint.com
Sources
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