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Major Move by US Government: Proposal to End 60-Day Grace Period for Foreign Workers

  The US government has proposed eliminating the 60-day grace period that allows certain foreign workers to remain in the country after losing their jobs. This new measure could compel them to leave the US immediately upon the termination of their employment.

This proposal by the Department of Homeland Security (DHS) seeks to remove this specific grace period for workers holding E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN visa categories. Indians could be the most significantly affected by this move. According to the Migration Policy Institute, 71 percent of H-1B visas issued to high-skilled workers in the 2024 fiscal year were granted to Indians. Introduced in 2016 and effective since January 2017, this rule allows eligible workers—and in some cases, their dependents—to remain in the U.S. for up to 60 days after the loss of their job or until the expiration of their authorized period of stay, whichever occurs first.

This period allows employees to find another job, file the necessary immigration petition with a new employer, or obtain a new legal status.

Under the proposed rule, workers would generally be required to leave the U.S. once their eligible employment ends, unless they have another legal basis for remaining. They could return after securing new eligible employment and obtaining the necessary approvals.
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