The U.S. Department of Homeland Security has proposed scrubbing the 60‑day grace period for H‑1B visa holders. If enacted, thousands of Indian professionals could be forced to leave the country almost immediately after a job loss.

Key Takeaways

  • The 60‑day grace period for H‑1B workers is slated for removal.
  • Indian professionals, who dominate H‑1B visas, will be most affected.
  • The proposal is still under OMB review and not yet law.

What Is the 60‑Day Grace Period?

Currently, if an H‑1B worker loses their job, they are allowed up to 60 days to remain in the U.S. legally. During this window they can seek a new sponsor, switch to another visa category, or arrange a return to their home country. The rule, introduced in 2017, also covers L‑1, O‑1, E‑1, E‑2, E‑3, H‑1B1, TN visas and their dependents.

Why DHS Proposes the Change

The Department of Homeland Security has submitted a plan to the White House Office of Management and Budget (OMB) seeking to eliminate the 60‑day window once employment ends. This move aligns with the Trump administration’s broader effort to tighten the H‑1B program, which it claims is being abused to replace American workers.

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Current Status of the Proposal

The proposal remains under OMB review. If approved, it will be published in the Federal Register, after which the public will have 30‑60 days to comment. Until that process is complete, the 60‑day grace period remains in effect.

Impact on Indian Workers

Indian professionals comprise the largest share of H‑1B holders—71% of all approved petitions in 2024. Should the rule pass, Indian workers who lose their jobs could be forced to depart the U.S. almost immediately, losing precious time to secure a new sponsor or switch visas.

Effects on Families

Dependents on H‑4 visas are also covered by the current grace period. Removing it could compel entire families to make abrupt decisions about employment, schooling, and housing within a very short timeframe.

Historical Background

The 60‑day grace period was introduced in 2017 to prevent sudden deportations after job loss. Earlier legislative tweaks have debated extending or shortening the period, but the 60‑day standard has persisted for most cases.

Why This Matters

BozokMedia analysis shows that eliminating the grace period could trigger a wave of sudden departures, creating talent gaps in U.S. tech firms and increasing pressure on Indian diaspora networks to secure alternative immigration pathways.

"If the grace period disappears, Indian H‑1B holders will have very limited time to find a new sponsor, jeopardizing their career stability," says immigration law expert Dr. Rajat Singh.
Did You Know?: Indian nationals accounted for 64% of H‑1B approvals in 2016, rising to 71% by 2024.

Frequently Asked Questions

Q1: Will I be forced to leave the U.S. immediately if the grace period is removed?

A: Not necessarily; you may request a special exemption from immigration officials, though approval is not guaranteed.

Q2: How can I voice my concerns about this proposal?

A: Submit public comments during the 30‑60 day comment period after the rule is published in the Federal Register.