US May End 60-Day Grace Period for H-1B Workers After Job Loss
The US Department of Homeland Security is considering a proposal to end the 60-day grace period that allows H-1B visa holders and other non-immigrant workers to remain in the country after losing their jobs.
The proposal is currently under review by the Office of Management and Budget (OMB). Introduced in 2017, the grace period gives foreign professionals in “specialty occupations” a limited period to find new employment, change employers or adjust their visa status without immediately leaving the US. The provision has been particularly important for Indian nationals, who account for more than 70 percent of annual H-1B approvals.
It provides a temporary safeguard for workers who lose their jobs unexpectedly and need time to secure another position. The Trump administration, now in its second term, has made changes to the H-1B programme a central part of its immigration policy. Officials have argued that the programme has been used to displace American workers, while President Donald Trump has repeatedly pledged to restrict what he describes as “replacement” hiring.
Ending the grace period would require affected foreign workers and their dependants to leave the US immediately after their employment ends, unless they qualify for another form of lawful status. The proposal follows several other measures affecting the H-1B visa programme.
Last year, the White House sought to introduce a $100,000 fee for new H-1B petitions, but courts blocked the measure as unlawful. In December, the State Department expanded vetting requirements, requiring applicants to make their social media profiles publicly accessible.
The Department of Homeland Security is also preparing to extend the 9-11 Biometric Entry-Exit Fee to H-1B and L-1 extension petitions. The regulation is scheduled for publication later this month.
The proposed changes would increase uncertainty for foreign professionals, particularly those working in technology and engineering, where H-1B visas are widely used. Critics say ending the grace period could make it more difficult for skilled workers to remain in the US after losing their jobs, while supporters argue that tighter rules are needed to protect American workers and strengthen the visa system.
After the OMB review, the proposal is expected to be published in the Federal Register for public comment.
