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H-1B visa holders won't get 60-day grace period after job loss as Trump administration revises rule
Under the planned rule change, those with H-1B and certain other temporary work visas would have to leave the country as soon as their employment ends.
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The US administration under President Donald Trump has proposed a new rule that would end the 60-day grace period some foreign workers get after losing or leaving their job in the US.
The move, proposed by the US Department of Homeland Security, significantly ties Indian professionals to their present jobs as they will be expected to leave the country immediately after losing or leaving their employment.
Under the planned rule change, those with H-1B and certain other temporary work visas would have to leave the country as soon as their employment ends. This will also be a potential blow to top American tech companies that rely heavily on foreign workers.
“This proposal restores a direct relationship between an alien’s non-immigrant status and the specific employment or activity that formed the basis of his or her admission or grant of status in the United States and reduces administrative burden,” the DHS said in a statement on Thursday.
The DHS noted in the proposal that the move could impact companies impacted, but it said the jobs could go to American workers instead. In some situations, immigrant workers who leave could potentially reapply if their employer petitions for them, it added.
"DHS presumes that they will either offer the same jobs to equally qualified U.S. workers or go through the I-129 petition process depending on their workforce requirement," the notice said.
The move to end 60-day grace period is the latest in series of steps taken by Trump to limit legal migration since returning to office in January 2025. His administration also introduced higher visa fees for skilled workers and recently paused immigrant visa appointments at US missions around the world while it implements a new training program.
The 60-day grace period, in place since 2017, allows foreign workers time to find another U.S. job or get their affairs in order — whether selling a home or pulling children out of school — before leaving the country.
