The United States, which has been delivering a series of policy shocks to foreign nationals residing in the country, is now preparing to deal another setback to H-1B visa holders through a newly proposed regulation. The Department of Homeland Security (DHS) is reportedly considering eliminating the 60-day grace period currently granted to H-1B visa holders who lose their jobs. Under the existing provision, foreign nationals who become unemployed in the US are allowed a 60-day window to either secure new employment or change their visa status before facing removal.
Officials have revealed that the White House’s Office of Management and Budget is currently reviewing a proposal to do away with this grace period altogether. If the proposal is approved and implemented, visa holders would risk losing their legal status the moment they lose their jobs, leaving them with no cushion to search for alternative employment or adjust their immigration status.
The potential change carries particularly significant implications for the Indian community in the US. Indian nationals account for approximately 71 percent of all H-1B visa holders in the country, meaning they would bear the brunt of the impact should the rule take effect. Analysts note that Indian professionals, who form the largest cohort within the H-1B workforce, would be the first and most heavily affected group.
Should the grace period be revoked, affected individuals would be required to leave the United States immediately upon losing their job-linked legal status, rather than being afforded time to regularize their stay. This marks a considerable tightening of protections that have, until now, offered a measure of stability to skilled foreign workers navigating employment transitions in the US.
However, the proposal is not yet in effect. Once formally published in the Federal Register, it will be subject to a public comment period of at least 30 to 60 days, during which objections and suggestions can be submitted before any final decision is made. Consequently, while H-1B visa holders need not be alarmed immediately, immigration experts are advising the community to stay alert to further developments as the proposal moves through the regulatory process.