Washington, August 29: The Trump administration has completed its review of the proposal to eliminate the 60-day grace period granted to H-1B and other foreign professionals after job termination. This change could significantly affect thousands of Indian employees and their families.
The Department of Homeland Security submitted the proposal to eliminate the “60-day optional grace period” to the White House Office of Information and Regulatory Affairs on August 6.
According to official regulatory records, the review was completed on August 27 and recorded as “agreed with changes.” This indicates that the White House review process is finished, albeit with some modifications to the proposal.
The proposal has not yet been published, and its full terms are currently unavailable. Therefore, the existing 60-day grace period remains in effect.
The next step typically involves publishing the proposed rule in the Federal Register, after which a timeline will be established to gather public opinions. Following this, the DHS must consider public feedback before issuing a final rule.
The regulatory information number for this proposal is 1615-AD22, prepared by the U.S. Citizenship and Immigration Services. It is categorized as a proposed rule that is not economically significant and does not have a legal deadline.
Under current regulations, eligible employees may remain in the U.S. for 60 consecutive days after job termination or until their authorized stay expires.
During this period, affected employees can seek another employer willing to sponsor them, attempt to change their immigration status, or prepare to leave the U.S. This includes individuals on H-1B, L-1, O-1, and several other temporary work visas.
Indian nationals represent the largest group of H-1B visa holders. If the administration moves forward with this proposal, Indian citizens could face significant uncertainty.
Ajay Jain Bhutoria, a former member of the President’s Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders, condemned the proposed change, arguing that the existing grace period should be extended rather than eliminated.
Bhutoria stated, “I strongly denounce this proposed policy by the DHS and deem it misguided. Ending the 60-day grace period is inhumane and impractical. When a highly skilled employee suddenly loses their job, 60 days is already insufficient. Completely removing this safety net leaves thousands of law-abiding individuals with no time at all.”
He warned that families affected by sudden job loss may not have enough time to manage their homes, children’s education, and other personal matters.
Bhutoria noted that he had garnered unanimous support in 2023 from the White House Advisory Commission to recommend extending the grace period from 60 days to 180 days.
He argued that the hiring process in technology, healthcare, and engineering often involves multiple interviews, followed by immigration paperwork to transfer an employee’s status to a new employer.
Bhutoria remarked, “Ending the 60-day grace period for laid-off H-1B employees is a significant step backward. When I recommended extending this timeline to 180 days in March 2023 before the White House AANHPI Commission, it was based on the realities of corporate hiring, where multi-stage interviews and visa transfer paperwork can take months.”
He further stated, “Completely eliminating this timeline could force skilled Indian professionals and their families to leave the country overnight. I urge community organizations and business leaders across the U.S. to unite and submit their opinions against this rule as soon as it appears in the Federal Register.”
The 60-day rule was implemented in January 2017 as part of broader regulations concerning skilled immigrant and non-immigrant employees. This rule allows for one grace period during each approved validity period, but immigration officials also have the authority to reduce or deny it at their discretion.
The H-1B program permits U.S. companies to employ foreign professionals with specialized knowledge for specific roles. Technology companies are the primary users of this program, and Indian nationals have consistently made up a significant portion of approved H-1B beneficiaries.
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