The US may remove the 60-day grace period for H-1B workers after job loss. The proposal has cleared White House regulatory review, but it is not a final rule. For now, eligible H-1B workers can still use the existing grace period. This update is important to many Indian professionals in the United States, as Indian nationals receive a large share of approved H-1B petitions each year.

Is the H-1B 60-Day Grace Period Ending?

Not yet. The US has reviewed the proposal to end the 60-day grace period. However, it has not become law or taken effect. DHS and US Citizenship and Immigration Services (USCIS) must still publish the proposed rule and allow the public to comment. DHS can revise the proposal after reviewing public comments before publishing a final rule. Until then, the current H-1B grace period remains in place.

What Is the Current H-1B Grace Period?

Eligible workers can stay in the US for up to 60 days after losing their job, or until their authorized stay expires, whichever comes first. During this time, an H-1B worker may be able to:

• Find a new employer willing to file an H-1B petition
• Change to another eligible immigration status
• Apply for another visa category, if eligible
• Make plans to leave the United States

The 60-day grace period is discretionary. USCIS reviews each case based on the worker’s immigration status and individual circumstances.

What Could Change Under the Proposed Rule?

The proposal may end the 60-day grace period for H-1B workers and other eligible work-visa holders. The full details are not yet public. Therefore, workers should not assume which visa categories, exceptions, or transition rules a final regulation may include. If DHS finalizes the rule, workers who lose their jobs may have less time to find a new sponsor, change their immigration status, or leave the United States.

Who Could Be Affected?

The proposal could affect H-1B workers and people in other visa categories that currently qualify for the grace period, including:

• H-1B
• L-1
• O-1
• E-1, E-2, and E-3

Eligible dependents may also face immigration issues if the main visa holder loses status. The final rule will confirm the exact visa categories covered by any new policy.

Why Is This Important to Indian Professionals?

Indian professionals make up a large share of H-1B visa holders in the United States. Many work in technology, healthcare, engineering, finance, research, and other specialized fields. A shorter or removed grace period could make job loss more difficult for workers and their families. They may need to secure a new job offer and complete immigration paperwork quickly. It could also affect families with children in school, people with home leases, and workers managing ongoing financial commitments in the US.

What Should H-1B Workers Do Now?

The proposal has not changed the current rules. However, H-1B workers can stay prepared by taking a few practical steps:

• Check your I-94 expiry date and visa documents.
• Keep copies of your H-1B approval notice and employment records.
• Update your resume and professional profile.
• Understand the process for an H-1B transfer to a new employer.
• Track updates from USCIS, DHS, and the Federal Register.
• Speak with a qualified immigration attorney for advice based on your situation.

When Could the New H-1B Rule Take Effect?

There is no confirmed effective date yet. DHS must first publish the proposal, accept public comments, and issue a final rule with an effective date. The proposal may change, face delays, or not become final in its current form.

The proposed end of the H-1B grace period has created concern among foreign workers in the United States. However, no immediate change applies at this time. Eligible H-1B workers may still receive up to 60 days after a job loss, subject to their authorized stay and USCIS rules. Follow official USCIS and DHS updates for the latest information before taking any action.

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