WASHINGTON (Diya TV)— The Trump administration has moved closer to ending the 60-day grace period for H-1B workers who lose their jobs in the United States. The proposed change has cleared a key White House review. However, the rule has not taken effect yet.
The Department of Homeland Security, or DHS, submitted the proposal to the White House Office of Information and Regulatory Affairs on Aug. 6. The proposal carries the title “Eliminating the Discretionary 60-day Grace Period.” OIRA listed the proposal as RIN 1615-AD22 and marked its review as complete.
The next steps could determine how the change affects foreign workers. DHS must publish the proposal before it can move through the public-comment process. After that, the agency must review public feedback and finalize the rule. Until then, the current 60-day H-1B grace period remains in place.
Under current US immigration rules, eligible workers can stay in the country for up to 60 days after their employment ends. The period can also end sooner if the worker’s authorized stay expires.
The grace period gives workers time to find another employer that can sponsor them. It also allows them to seek another immigration status. In some cases, workers can use the time to prepare to leave the United States.
The rule covers several employment-based visa categories. These include H-1B, E-1, E-2, E-3, L-1 and O-1 visas. Certain qualifying dependents also fall under the existing protection.
The proposed H-1B rule could have a major effect on Indian professionals. Indian workers make up a large share of the US H-1B workforce. According to US government figures, workers born in India accounted for 71% of approved H-1B petitions in fiscal 2024.
That share makes any major change to the H-1B visa program especially important for Indian workers. Many Indian professionals use the program to work in technology, engineering, health care, and other specialized fields.
The H-1B visa program allows US employers to hire foreign workers for specialized jobs. These positions generally require advanced knowledge and specific skills. Employers often use the program to fill roles that need technical or professional expertise.
Meanwhile, the proposed grace-period change comes as the Trump administration considers other major changes to the H-1B visa system. The administration also plans to raise the cost of hiring H-1B workers.
The proposed H-1B fee could reach $103,265. Such a large increase could raise costs for US companies that rely on foreign skilled workers.
The administration has also faced legal challenges over H-1B fees. The government previously introduced a $100,000 payment requirement for certain H-1B workers outside the United States. Courts later struck down that requirement.
Therefore, employers and foreign workers face continued uncertainty as the administration reshapes the H-1B visa program.
For now, workers who qualify for the existing rule can continue to use the 60-day grace period after losing a job. The proposed regulation does not change that protection yet.
