The US is considering a proposal that could eliminate the 60-day grace period currently available to certain foreign workers on non-immigrant visas after losing their jobs. If implemented, the change could require affected workers to leave the country immediately rather than allowing them time to find new employment.
According to the website of the federal Office of Management and Budget, the proposal submitted by the Department of Homeland Security is currently under review. Further details about the proposal are not yet available.
At present, the 60-day grace period permits certain principal non-immigrant visa holders and their dependants to remain in the US when the principal worker’s employment ends before their authorised period of stay expires. The provision was introduced in 2017 to give foreign workers and their families additional time to secure new employment following a job loss.
Immigration consultants said the Department of Homeland Security has the authority to reduce or deny the grace period, although this power has rarely been exercised. The provision covers E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN non-immigrant visa categories, along with their dependants.
The grace period also provides US employers with greater flexibility when managing employment changes involving current or newly hired non-immigrant workers. If the provision is scrapped, foreign nationals whose jobs end before their authorised stay expires, as well as their dependants, would generally be required to leave the US immediately.
They would also not be able to change their immigration status or switch employers while remaining in the country unless US Citizenship and Immigration Services exercises discretion to waive the resulting status violation.
The potential policy change is particularly important for Indian nationals, who make up one of the largest groups benefiting from H-1B employment visas. Indians accounted for 71 per cent of all successful H-1B applicants in fiscal year 2024.
With the Indian-American population in the US estimated at around 5.2 million, the proposed move could have a significant impact on workers who currently depend on the 60-day period to find new employment after losing their jobs.
