The United States is weighing a regulatory change that could eliminate the 60-day grace period currently granted to foreign skilled workers—including H-1B visa holders—if they lose their jobs. If finalized, the plan could force affected workers and their families to depart the US almost immediately following job termination.
Key Takeaways
-
Under Review: The proposal is undergoing review by the White House Office of Management and Budget (OMB) and has not yet been formally enacted as a final rule.
-
Immediate Impact: Removing the flexibility period would leave non-immigrant workers with virtually no time window to secure new employment or transition to a different visa category.
-
Disproportionate Impact on Indian Expats: Indian nationals represent the largest group of skilled visa holders in the US, accounting for 71% of all approved H-1B petitions in fiscal year 2024 (USCIS).
What Is the 60-Day Grace Period?
Established in 2017, the provision gives non-immigrant visa holders whose employment ends unexpectedly up to 60 consecutive days (or until their authorized stay expires, whichever is shorter) to:
-
Secure a new employer willing to sponsor their visa.
-
File for a change of immigration status.
-
Prepare for an orderly departure from the United States.
Applicable Visa Categories:
The rule currently protects workers and dependants across multiple visa classifications, including H-1B, L-1, O-1, TN, E-1, E-2, E-3, and H-1B1.
