US May End 60-Day Job Grace Period for Foreign Workers

The US Department of Homeland Security is currently reviewing a significant proposal that could eliminate the 60-day grace period for certain non-immigrant foreign workers and their dependents. This change would dramatically alter the rules for individuals who lose their employment in the United States, particularly impacting Indian nationals who are major beneficiaries of the H-1B visa program.

If this proposal is finalized, foreign workers facing job loss would be required to depart the US immediately. An exception would only apply if US Citizenship and Immigration Services grants a discretionary waiver, a shift from the current allowance for a period to seek new employment.

The Existing Grace Period Explained

The 60-day grace period, initially established in 2017, permits specific non-immigrant workers to remain in the country and search for new employment following job cessation. This provision was designed to facilitate smoother employment transitions for both workers and their employers.

• This rule applies to several non-immigrant visa categories.
• Affected visas include E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN.

Potential Impact on Foreign Nationals

The elimination of this grace period would have substantial consequences for foreign nationals. Indian nationals, in particular, would face significant challenges given their prominent role in the H-1B visa program.

• Indian nationals comprised 71% of all successful H-1B applicants in the 2024 fiscal year.
• The current grace period allows for a 60-day window to secure new employment.

Without this grace period, foreign workers would lose crucial time to secure new sponsorship, potentially forcing them to leave the US abruptly. This move signifies a notable policy shift from the original intent to support employment changes for this segment of the workforce.