The US government is considering eliminating the 60-day grace period currently granted to foreign workers. This period was intended to allow individuals who lost their jobs to either search for new employment within the US or prepare to leave the country. If this proposed rule is finalized, workers whose visas have expired—along with their dependents—could be required to leave the US immediately. NDTV Online reported this development. The proposal is currently under review by the White House Office of Management and Budget (OMB) and has not yet become a finalized law or regulation.
If the proposal is finalized, the existing 60-day grace period benefit will no longer be available to workers and their dependents if employment ends before the authorized visa term expires. Consequently, they would lose the opportunity to remain in the US to change their legal status or transfer to a different employer. According to data from US Citizenship and Immigration Services (USCIS), Indian nationals are the primary beneficiaries of H-1B visas; if the rule is enacted, they could lose this benefit.
In the 2024 fiscal year, Indian nationals accounted for 71 percent of all approved H-1B applications. Furthermore, recent US census data indicates that over 520,000 people of Indian origin reside in the country. Under current regulations—a provision introduced in 2017—certain non-immigrant workers (such as those in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN categories) are permitted to stay legally in the US for up to 60 days after losing their jobs. During this time, they have the opportunity to look for new employment or consider other legal avenues for remaining in the country. However, if the proposed rule takes effect, this safeguard could be completely eliminated.
