The U.S. may eliminate the 60-day grace period for H-1B visa holders
The U.S. administration is considering eliminating the 60-day grace period for certain foreign workers who have lost their jobs. The proposal is under review by the White House Office of Management and Budget (OMB) and has not yet become policy, according to NDTV World. Full details of the potential changes have not been made public.
Currently, workers with certain nonimmigrant visas may legally remain in the U.S. for up to 60 consecutive days after the termination of their employment or until the end of their authorized period of stay—whichever comes first. This period allows them to find a new employer, apply for a different visa, or explore other options for legally remaining in the country.
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If the changes are finalized, the current grace period for employees and their dependents whose immigration status is tied to employment will be eliminated. This could require them to leave the U.S. almost immediately after their employment ends. According to NDTV World, once their employment ends, workers will not be able to change employers or immigration status while in the U.S. unless USCIS exercises its discretion.
The current rule was introduced in 2017. It applies to holders of E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN visas, as well as their dependents. The changes may be particularly significant for the Indian community in the U.S.: in fiscal year 2024, 71% of approved H-1B petitions were for beneficiaries born in India, according to U.S. Citizenship and Immigration Services (USCIS).
