H-1B visa holders won't get 60-day grace period after job loss

The US Department of Homeland Security has proposed ending the 60-day grace period for H-1B and certain other temporary visa holders who lose or leave their jobs in the United States. Under the planned rule, workers would have to leave the country when their employment ends.

The change could affect technology companies that rely heavily on foreign workers, including Indian professionals. It would also make it harder for visa holders to remain in the US while searching for a new job or arranging their departure.

Background

Introduced in 2017, the grace period gives eligible foreign workers time to find another job, make arrangements to leave the country or handle personal matters such as selling a home and moving children out of school.

DHS rationale

DHS said the proposal would restore a direct link between a non-immigrant’s status and the employment or activity that supported their admission to the US. The department said employers could offer the roles to qualified US workers or file an I-129 petition if they wanted to retain or rehire an immigrant worker.

The proposal is part of a series of measures by President Donald Trump’s administration to restrict legal migration since it returned to office in January 2025. The notes do not specify when the proposed change would take effect.