A Trump administration proposal to eliminate the 60-day grace period available to H-1B workers after losing their jobs has cleared a key White House regulatory review, bringing the measure closer to publication and potential implementation.
The Department of Homeland Security (DHS) proposal, received approval Thursday from the Office of Information and Regulatory Affairs (OIRA), according to Bloomberg Law. The move signals that the proposal could soon be publicly released for the next stage of the regulatory process.
H-1B workers could face tighter deadline after job loss
Under regulations introduced in 2017, H-1B specialty-occupation workers whose employment is terminated can generally remain in the US for up to 60 days or until the end of their authorized validity period, whichever comes first. During that window, workers can seek another employer, pursue a change of status or take other steps to maintain lawful status.
The proposed DHS rule would remove that 60-day job-loss grace period, according to Bloomberg Law. If finalized, the change could significantly reduce the time H-1B workers have to find another sponsor after being laid off or otherwise losing their employment.
The proposal has particular significance for foreign professionals whose US immigration status is tied to their employment. A sudden termination could leave affected workers with substantially less time to secure another qualifying position or determine their next immigration option.
{{/usCountry}}The proposal has particular significance for foreign professionals whose US immigration status is tied to their employment. A sudden termination could leave affected workers with substantially less time to secure another qualifying position or determine their next immigration option.
{{/usCountry}}The measure has not yet taken effect. The White House review is an important step in the federal rulemaking process, but the proposal still needs to go through the applicable public regulatory process before any final rule can become effective.
Indian professionals likely to be affected
The potential change could be closely watched by Indian technology and professional workers, who make up a large share of the H-1B workforce.
For H-1B employees, the 60-day period has served as an important buffer following layoffs, allowing time to interview with prospective employers and complete the immigration process needed for a new H-1B sponsor.
Removing that window could increase pressure on workers and employers to act quickly when employment ends. It could also make layoffs more consequential for workers who have built their US immigration status around a specific job.
The proposal comes as the Trump administration pursues several measures aimed at reshaping the H-1B program. Bloomberg Law has reported on a separate proposal involving a $103,265 fee for certain new H-1B hires, adding to uncertainty surrounding the future cost and availability of the visa program.
What happens next?
The DHS proposal's clearance by OIRA does not mean that the 60-day grace period has already been abolished. The existing rules remain in effect unless and until a final rule changes them.
The next significant step is the proposal's public release, followed by the regulatory process that could include a period for public comments. DHS would then need to consider the feedback before issuing a final regulation.
For now, H-1B workers who lose their jobs continue to have the existing protections under the current rules.