Over 31,000 comments on proposal to end 60-day H-1B visa grace period
Over 31,000 public comments have been logged on a proposal to end the 60-day grace period for H-1B visa holders who lose their jobs in the US. This potential change could heavily impact Indian professionals working there.
By Tuesday night, 31,383 public comments had been registered on the government's proposal to end the 60-day grace period for H-1B visa holders who have lost their jobs in the US. This step has increased anxiety among thousands of foreign experts, especially Indian professionals, working in the US.
The Department of Homeland Security (DHS) made this proposal public on September 11. Under current rules, if a foreign worker loses their job, they are given a maximum of 60 days to find new employment, change their visa category, or prepare to leave the country. If the new proposal is implemented, workers may have to leave the US as soon as they lose their jobs.
This rule applies to H-1B as well as L-1, O-1, and TN visa holders and their dependents. The 60-day exemption provision was introduced through a 2016 rule that took effect in January 2017.
The Department of Homeland Security argues that a foreign worker's visa status should be directly tied to their job. According to the department, this grace period is not mandated by law and creates an additional administrative burden. Between October 2017 and May 2026, officials had to check this rule in more than 1.9 million applications.
According to department data, between fiscal years 2021 and 2025, an average of 65,752 foreign workers lost or changed jobs each year, of whom approximately 3,795 found a new employer during this grace period. The department has also acknowledged that ending this facility will leave many workers without earnings or subject them to immigration enforcement.
According to a fiscal year 2025 report by U.S. Citizenship and Immigration Services (USCIS), out of 406,348 approved H-1B petitions, about 70 percent were from professionals born in India, while China's share was around 12 percent. Consequently, any potential change will hit Indians the hardest.
The department will make a final decision and set a timeline for implementing the new rule only after examining all suggestions sent by the public.
Key developments
- Over 31,000 comments received on the proposal to scrap the 60-day grace period following job loss.
- Foreign workers may have to leave the US immediately upon losing their jobs if the proposal is implemented.
- Indians account for about 70 percent of H-1B visa holders in the US.
- The Department of Homeland Security will set the final rule only after reviewing all public suggestions.
