US Plans to End 60-Day Window for Laid-Off H-1B Worker
The proposed change could make the situation considerably more difficult for H-1B workers.
Hyderabad:The US department of homeland security (DHS) is considering a major change to H-1B visa rules that could remove the 60-day grace period currently available to foreign workers who lose their jobs.
The proposed rule, which has been sent to the White House Office of Information and Regulatory Affairs (OIRA) for review, would end the window that allows H-1B workers to remain in the US after their employment is terminated while looking for a new job.
Under the existing system, H-1B workers can generally remain in the country for up to 60 days after their employment ends, or until their authorised stay expires, whichever comes first. During this period, they can look for another employer willing to sponsor their H-1B visa, seek a change of status or prepare to leave the US.
The proposed change could make the situation considerably more difficult for H-1B workers. If implemented, workers whose employment ends could be required to leave the US immediately. They would also generally be unable to transfer their H-1B status to another employer from within the country unless the US Citizenship and Immigration Services (USCIS) grants an exception.
The 60-day period is particularly important for workers in the technology sector, where layoffs can leave visa holders under pressure to find another sponsoring employer within a short period.
Srinivas Kumar, an immigration attorney in the United States, said, “The current grace period of 60 days is already very short. By the time most applicants find another prospective job and an employer who is ready to sponsor their H-1B, more than half of the grace period has already passed. The remaining time is taken up by paperwork and the application process.”
“Removing the grace period will be a very inhuman move by DHS. Authorities must strengthen the rules to prevent exploitation, but instead, the current administration is looking at virtually killing immigration altogether,” he said.
The proposal has caused serious concern among Indian professionals, who form the largest group in the H-1B workforce. Of the 4,06,348 applications approved in 2025, 2,83,772 were from India, accounting for 69.9 per cent of the total.
However, the proposal is not yet a final rule. It is currently under review and would have to go through the formal rule-making process before any changes take effect. There is no immediate change to the existing 60-day grace period.
