H-1B grace period rules could change significantly in the US after the Department of Homeland Security proposed ending the 60-day window available to certain foreign workers after their employment ends.
The proposal could require affected visa holders to leave the country when their jobs end unless they have another legal basis to stay.
H-1B Grace Period Could Be Removed
The 60-day grace period has been available since 2017 and gives eligible foreign workers time to find another job, pursue another immigration option or make arrangements to leave the US after losing employment.
Under the proposed rule, DHS would remove this provision for certain employment-based nonimmigrant categories.
If the proposal is finalised, workers generally would have to leave the US when they stop maintaining the employment or activity connected to their visa status, unless another lawful authorization allows them to remain.
The proposal is not yet a final rule. It will go through a public comment period before any final decision is made.
Which Work Visa Holders Could Be Affected?
The proposed change would not apply only to H-1B workers.
It could also cover holders of E-1, E-2, L-1, O-1, TN, H-1B1 and E-3 visas, along with eligible dependents covered by the existing grace-period provision.
H-1B visas are widely used by skilled foreign professionals, including many Indian technology workers.
The proposal could therefore make job losses more difficult to manage for workers who currently rely on the 60-day window to search for another employer.
What Happens If The Rule Is Finalised?
If implemented, the proposed change would sharply reduce the time available for affected workers to find another sponsor after employment ends.
Instead of using the existing grace period, they could need to leave the US unless they have another valid immigration status or authorization to remain.
DHS has argued that removing the grace period would better align temporary employment-based immigration status with the employment or activity that supports the visa.
The department also said employers could hire qualified US workers or use the existing petition process when they need to retain foreign employees.
The proposal could also affect companies that depend on foreign professionals, particularly in technology and other specialised sectors.
However, the final impact will depend on whether DHS adopts the proposal after the public-comment process and whether any changes are made before implementation.
