H-1B 60-Day Grace Period Under Threat: What It Means for Foreign Workers
The Trump administration is reportedly considering a significant overhaul of the H-1B visa program that could eliminate the 60-day grace period currently granted to foreign workers who lose their jobs. This change, if finalized, would have profound implications for thousands of skilled professionals, particularly Indian nationals who receive over 70% of H-1B visas annually. Under the current rules, eligible workers can remain in the U.S. for up to 60 days after employment ends, allowing them time to find a new employer, change status, or depart voluntarily. The proposed rule (RIN: 1615-AD22) would strip away this buffer, leaving workers with far less room to stay legally in the country.nnIf the grace period is eliminated, foreign nationals whose employment ceases prematurely—and their dependents—would no longer be considered in valid nonimmigrant status. They would generally be required to leave the United States immediately and would be unable to change employers or adjust status from within the U.S., unless U.S. Citizenship and Immigration Services (USCIS) exercises discretion to forgive the lapse. This would be a stark departure from the current policy, which explicitly states that E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN nonimmigrants are not considered to have failed to maintain status solely because their employment ended.nnThe timing of this proposal is particularly concerning, as the job market is already uncertain due to economic fluctuations and the rise of artificial intelligence. A sudden job loss that once provided a safety net could now force workers to either secure a new position within days or face immediate departure. This could discourage talented professionals from choosing the U.S. as a destination, potentially harming American competitiveness in technology and other sectors. Employers, who rely heavily on H-1B workers, would also face disruptions, as losing an employee unexpectedly could lead to project delays and increased recruitment costs.nnOnce the proposal is published in the Federal Register, there will be a public comment period. It is crucial for employers and industry stakeholders to submit feedback to the government, highlighting the negative impact on businesses and the broader economy. The administration has already pursued other major changes to the H-1B system, including increased scrutiny of applications and higher wage
Shimanta Das 
