The White House has finalized its assessment of the proposal to abolish the 60-day grace period that permitted foreign workers, primarily those on H-1B visas, to seek new employment following job loss.
This proposal was submitted by the Department of Homeland Security for evaluation by the Office of Management and Budget earlier this month, and specific details have not yet been disclosed.
What if the proposal is finalised?
Should the proposal be finalized, it would remove the 60-day grace period currently granted to specific principal nonimmigrants and their dependents in the event that the principal's employment ends prior to the expiration of their authorized stay.
The subsequent phase for the proposal involves its publication in the Federal Register, accompanied by a public comment period that typically lasts between 30 to 60 days. The precise details of the regulation will remain undisclosed until the publication occurs.
All you need to know about 60-day grace period
The 60-day grace period was established in 2017 to permit foreign workers and their dependents to remain in the United States while they seek new employment following a job loss.
{{/usCountry}}The 60-day grace period was established in 2017 to permit foreign workers and their dependents to remain in the United States while they seek new employment following a job loss.
{{/usCountry}}Immigration consultants stated that the Department of Homeland Security possesses the authority to reduce or deny the grace period, although such actions have been infrequent.
The regulation pertains to nonimmigrant visa holders and their dependents in the E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN categories.
Additionally, the grace period enables U.S. employers to more effectively manage employment transitions for both current and newly hired nonimmigrant workers.
Are Indian professionals at risk?
The estimated Indian-American population in the United States stands at 5.2 million. Indian nationals represent a significant portion of H-1B employment visa recipients, accounting for 71 percent of all successful applicants in the fiscal year 2024.
Ajay Jain Bhutoria, a former advisor to the White House, criticized the suggested regulation aimed at abolishing the 60-day grace period following termination for holders of H-1B, L-1, and O-1 nonimmigrant visas, advocating instead for an extension of this period to 180 days.
“Eliminating the 60-day grace period is both inhumane and unworkable. When a high-skilled worker faces a sudden termination, 60 days is already dangerously short. Stripping away this protection entirely leaves thousands of law-abiding individuals with zero time to wrap up their lives,” Bhutoria said.
Bhutoria stated that families will be displaced suddenly and thrown into disarray without any wrongdoing on their part, despite having devoted years of effort and tax contributions to this country.
"People will not even have the time required to manage their leases, transition their children out of schools, or handle personal affairs," he stated.