Foreign professionals working in the United States on H-1B visas are bracing for another major setback, as the Trump administration moves toward a key decision that could significantly affect them. The administration has begun efforts to eliminate the currently available 60-day grace period for foreign professionals, with the proposal reportedly under review at the White House Office of Management and Budget (OMB). If the new rule comes into effect, H-1B visa holders and foreign employees who lose their jobs — who currently have 60 days to remain in the US and look for a new job — would instead be required to leave the country immediately.
Tech professionals have expressed concern that the move, if implemented, could disproportionately affect Indian techies in the United States. Under the current rule, introduced in 2017, non-immigrant visa holders working in the US on H-1B, L-1, O-1 and similar visas who lose their jobs have a 60-day window to either find new employment or change their immigration status. This grace period allows those who lose their jobs to remain in the country legally, without facing any hardship, while they search for another job. The provision currently applies to those on H-1B, H-1B1, L-1, O-1, TN, E-1, E-2, E-3 and other similar visas, as well as their dependent family members.
The US Department of Homeland Security (DHS) has proposed scrapping this rule, and the proposal is reported to have already cleared review by the Office of Information and Regulatory Affairs (OIRA). Officials say the current proposal still needs to complete further stages of the regulatory process. If the proposal is finalised as a rule, H-1B employees who lose their jobs will no longer have the existing 60-day cushion, meaning they would need to quickly decide on finding a new job, changing their visa status, or leaving the United States.
According to data from the US Citizenship and Immigration Services (USCIS), Indians account for over 70 percent of approved H-1B visas in the country. US Census figures also show that more than 5.2 million people of Indian origin currently live in the United States. As a result, any change to H-1B rules is expected to have a significant impact on Indian tech professionals, engineers, and other skilled workers. Although the proposal remains under review, it has already triggered considerable anxiety among Indian professional circles in the US.