US H-1B Visa: 60-Day Job Loss Grace Period May End
By ThePip Desk
A new US immigration proposal could eliminate the 60-day grace period for H-1B visa holders after job loss, significantly impacting Indian professionals.
A proposed immigration rule in the United States threatens to eliminate the existing 60-day grace period for H-1B visa holders who lose their employment. This change would significantly alter the landscape for non-immigrant workers, particularly impacting Indian professionals.
Understanding the Proposed Change
The proposed U.S. immigration rule, currently under review, targets the flexibility non-immigrant workers have after job termination. This initiative aims to remove the provision that allows individuals to remain in the country for a specified period to secure new employment or adjust their visa status.
- Introduction year of grace period: 2017
- Current grace period duration: 60 days
- H-1B beneficiaries from India (fiscal 2024): 71%
Impact on H-1B Workers
The 60-day grace period, established in 2017, currently offers a crucial window for H-1B visa holders and other non-immigrant workers. During this time, they can actively seek a new sponsoring employer, initiate a change in their visa status, or make arrangements to depart the country.
Removing this flexibility would intensify pressure on affected workers and their families. They would face an immediate need to secure new employment or alternative immigration pathways without the current buffer.
The Implementation Process
The proposal is presently with the White House Office of Management and Budget for review. Following this, it must navigate a federal rule-making process, which includes a period for public comment.
Despite the proposal, the existing 60-day grace period remains in effect. The Trump administration is driving these potential changes as part of a broader strategy to tighten the H-1B program.
Should these changes be implemented, the immediate consequence would be a reduced window for thousands of skilled professionals to maintain their legal status in the U.S. This would necessitate quicker decisions and potentially lead to more rapid departures for those unable to find new sponsorship.