US proposes ending 60-day grace period for H-1B workers after job loss

What is proposed to change

The US Department of Homeland Security wants to eliminate the 60-day grace period currently available to certain skilled foreign workers after their employment ends. Under current rules, H-1B workers can remain in the US for up to 60 days after losing their job to find another sponsoring employer, change immigration status, or prepare to leave. The proposal would remove that window and require affected visa holders to leave immediately or secure another legal basis to stay.

Which visa categories are affected

The proposed rule covers:

• H-1B
• H-1B1
• L-1
• O-1
• E-1 and E-2
• E-3
• TN

Dependents of workers on these visas could also be affected by the change.

Why this matters for Indians

Indian professionals make up a large share of H-1B workers in the US, particularly in technology, consulting, and IT services. For someone laid off while on H-1B status, losing a 60-day grace period significantly reduces time to find a new US employer and complete sponsorship paperwork while maintaining lawful status.

What to do now

This is currently a proposal and not yet in force. It must go through the federal rulemaking process, including a 60-day public comment period, before becoming final. Existing rules continue to apply. H-1B and other affected workers should maintain their current visas and wait for official confirmation before making any changes based on this proposal.