H-1B Visa Grace Period rules could change significantly for Indian professionals working in the United States as the Department of Homeland Security (DHS) moves forward with a proposal to remove the existing 60-day grace period after employment ends.
The public comment period for the proposed change closed on November 10, 2026, bringing the proposal one step closer to regulatory review.
The development is particularly important for Indian technology professionals who depend on H-1B visas to work in the US.
Under the existing provision, eligible workers whose employment ends can receive up to 60 days to find another employer, change their immigration status or make arrangements to leave the country.
However, the closure of the public comment period does not mean the new rule has already been implemented. DHS must review the submitted comments and complete the rulemaking process before any final decision takes effect.
H-1B Visa Grace Period: What Is the Proposed Change?
The US Department of Homeland Security has proposed eliminating the discretionary 60-day grace period available to certain employment-based non-immigrant visa holders after their qualifying employment ends.
The proposal was published in the Federal Register on September 11, 2026, under the title “Eliminating the Discretionary 60-Day Grace Period”.
If approved in its proposed form, the change would remove the existing provision under which eligible foreign workers can receive up to 60 consecutive days to manage their immigration status after losing their jobs.
Instead, affected workers would generally have to leave the United States when their qualifying employment ends, unless they obtain another legal basis to remain in the country.
The proposal also covers eligible dependents of the affected visa holders.
Which Visa Categories Could Be Affected?
The proposed change is not limited to H-1B visa holders. It covers several employment-based non-immigrant categories.
These include:
H-1B visas for specialty occupation workers.
H-1B1 visas for eligible workers from Chile and Singapore.
L-1 visas for intracompany transferees.
O-1 visas for individuals with extraordinary ability.
E-1 and E-2 visas for treaty traders and investors.
E-3 visas for eligible Australian professionals.
TN visas for eligible Canadian and Mexican professionals.
The proposal would also affect qualifying dependents whose immigration status is linked to the principal visa holder.
This means the potential impact could extend beyond technology employees to professionals working in several other industries.
Public Comment Period Ends on November 10
DHS invited individuals, employers, immigration professionals and other interested parties to submit feedback on the proposed rule.
The public comment period officially ended on November 10, 2026. The department will now have to consider the feedback received before deciding whether to finalise the proposal.
The proposed regulation was published under DHS Docket No. USCIS-2026-0364.
Importantly, the end of the comment period is only one stage in the regulatory process. It does not automatically cancel the existing grace period or introduce an immediate departure requirement.
As of November 13, 2026, the proposal remains under regulatory review and has not become an effective final rule.
What Happens to H-1B Workers Under Existing Rules?
Under the existing provision, eligible non-immigrant workers whose employment ends before their authorised period of stay expires may receive a discretionary grace period of up to 60 consecutive days.
The actual period can be shorter if the individual’s authorised stay expires before the 60 days are completed. The grace period is not an automatic guarantee in every situation.
During this period, affected workers may explore options such as finding another qualifying employer, filing an eligible change-of-status application or arranging their departure from the United States.
The proposed change seeks to remove this additional period for the specified visa categories.
If the proposal is eventually finalised, employees facing layoffs or employment termination could have considerably less time to arrange their next immigration steps.
Why Indian Professionals Should Pay Attention
Indian professionals make up a significant part of the US technology and skilled-worker workforce, with many relying on employer-sponsored H-1B visas.
For workers who lose their jobs, the existing grace period provides valuable time to explore new employment opportunities and complete necessary immigration procedures.
Removing this provision could make job changes and layoffs more difficult for affected foreign professionals and their families.
Employers may also need to review their immigration and workforce planning procedures if the proposed regulation becomes effective.
For now, H-1B workers should not assume that the 60-day provision has already been withdrawn.
They should monitor official DHS and USCIS announcements and consult qualified immigration professionals before making decisions about their employment or immigration status.
The next important development will be the publication of a final decision by the US government, including details of any changes and their effective date.
