US Considers Ending 60-Day Grace Period for H-1B Workers, Thousands of Indians Could Be Affected

Washington: The Donald Trump administration has completed its review of a proposal to eliminate the existing 60-day grace period available to H-1B visa holders and certain other foreign professionals after their employment ends. If implemented, the move could have significant implications for thousands of Indian professionals working in the United States and their families.

The proposal, prepared by the US Department of Homeland Security (DHS), is titled “Elimination of the Optional 60-Day Grace Period.” It was submitted to the White House Office of Information and Regulatory Affairs (OIRA) for review on August 6, and the review process has now been completed.

Under the current rules, H-1B visa holders whose employment is terminated may, under certain circumstances, remain in the US for up to 60 days. The grace period allows them time to look for another job and take steps to transfer their visa status to a new employer.

The proposal has raised concerns among immigration experts and Indian-American communities. They point out that finding a new position in sectors such as technology, healthcare and engineering can take considerable time, with recruitment processes often involving multiple rounds of interviews followed by legal and immigration procedures for visa transfers.

Indian-American community leader Ajay Bhutoria expressed concern over the proposal, describing the possible elimination of the 60-day grace period as a major and potentially harmful step for H-1B workers.

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According to Bhutoria, recruitment processes at major corporations can often take several months, while transferring an H-1B visa to a new employer also requires additional time. Eliminating the grace period could therefore leave skilled Indian professionals and their families facing the possibility of having to leave the US on short notice.

He urged community organisations and business leaders in the US to submit their concerns and recommendations when the proposed regulation is opened for public comments.

The 60-day grace period was introduced in January 2017 to give highly skilled foreign and immigrant professionals a limited period to find new employment or take necessary steps concerning their immigration status after losing a job.

The H-1B programme allows US companies to employ foreign professionals in specialised occupations requiring highly skilled expertise. Major technology companies are among the biggest users of the programme, while Indian nationals have historically accounted for a significant share of H-1B beneficiaries.

If the proposed change is ultimately implemented, it could particularly affect Indian professionals working in the US, their families and companies that rely on H-1B workers across technology, healthcare, engineering and other specialised sectors.