The Trump administration has proposed scrapping the up-to-60-day grace period that allows certain foreign professionals, including Indian workers, to remain in the US after losing or leaving their jobs.
The proposed change could significantly reduce the time available to H-1B, L-1 and O-1 visa holders to secure new employment, regularise their immigration status or make arrangements to leave the country.
The proposal has been issued by the US Department of Homeland Security (DHS). Under the current framework, eligible foreign workers can generally remain in the country for up to 60 days after their employment ends, subject to applicable immigration rules.
If the proposal is adopted, that window could be eliminated. The DHS has indicated that ending the grace period for H-1B workers would mean they would have to leave the US immediately after they cease to maintain their employment.
Proposed Rule Could Leave Workers With Little Time
The proposed rule would remove a provision that has given foreign professionals a limited window to search for another job or take steps to regularise their immigration status after employment ends.
For Indian professionals, who make up a significant share of H-1B visa holders, the change could have particularly serious consequences. Workers facing layoffs or job changes could have little time to secure another qualifying position or arrange their departure from the US.
The proposal is not yet final. The DHS is expected to open the rule for public comment, allowing individuals, businesses and other stakeholders to submit their views before the administration decides whether to implement the change.
If finalised, the move would represent a major shift in the immigration framework governing foreign skilled workers in the United States.
