WASHINGTON: The US administration is considering ending the existing 60-day grace period that allows foreign workers who lose their jobs to find new employment. The proposal is currently under consideration by the White House Office of Management and Budget. The details have not been officially confirmed yet.
If the proposal is implemented, affected workers and their dependents may have to leave the US soon after losing their jobs. The move would remove the current 60-day period available to workers who lose their jobs before their authorised stay expires.
The proposed change could have a major impact on Indian professionals in the US. Indian citizens are the largest beneficiaries of the H-1B skilled-worker programme. According to US Citizenship and Immigration Services data, 71% of approved H-1B petitions in the 2024 fiscal year were for people born in India. US Census data shows that more than 52 lakh people of Indian origin currently live in the US.
The US introduced the rule in 2017 to provide more flexibility to highly skilled foreign workers who lose their jobs. Under the rule, non-immigrant workers who lose their jobs can remain in the US for up to 60 days or until the end of their authorised visa period, whichever comes first. The benefit is available to workers and their dependents under several visa categories, including E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN visas.
The 60-day period is important for workers looking for a new job, applying for a new visa or exploring other legal ways to remain in the US. If the proposed change takes effect, workers may not be able to switch to another employer or change their visa status from within the US after losing their job. Exceptions could be possible only through specific intervention by USCIS. The proposed change would affect workers in the other visa categories mentioned above as well as H-1B visa holders.