US Proposal to Scrap 60-Day Grace Period for Foreign Visa Workers
- The United States is weighing a proposal that could reshape the future of foreign workers on non-immigrant visas
- If approved, the plan would remove the 60-day grace period currently given after job loss, forcing workers to leave the country immediately
- With Indians making up 71% of approved H-1B petitions in fiscal year 2024, the impact of this change could be far-reaching
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The United States is considering a major change to immigration rules that could affect thousands of foreign workers.
A proposal under review may remove the 60-day job search window currently available to non-immigrant visa holders after layoffs. If approved, this would mean foreign workers must leave the country immediately after losing their jobs.
Source: Getty Images
Proposal under review by OMB
According to Hindustan Times, the draft regulation from the Department of Homeland Security (DHS) is now being examined by the White House Office of Management and Budget (OMB).
While the full details are not yet public, the plan would end the 60-day grace period for certain visa categories, including E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN visas. Dependents of these visa holders would also be affected.
If the proposal clears the federal review process, the public will have 30 to 60 days to submit comments before DHS considers finalising the rule. It would only take effect once formally published in the Federal Register.
Impact on Indian H-1B workers
The change could have significant consequences for Indian professionals working in the US. According to US Citizenship and Immigration Services (USCIS), 399,402 H-1B petitions were approved in fiscal year 2024. Of these, 71% of beneficiaries were born in India, making them the largest group of H-1B holders.
Without the grace period, workers laid off would face immediate consequences for their legal status, leaving little time to find new employment or change visa status.
Current 60-day rule explained
Since 2017, DHS regulations have allowed foreign workers a maximum 60-day grace period after job loss. This period gives them time to find another employer sponsor or change their immigration status. As USCIS explains:
“Regulations permit a discretionary grace period that allows workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications (and their dependents) to be considered as having maintained status in that same classification after the end of employment for up to 60 consecutive calendar days or until the end of the authorised nonimmigrant validity period, whichever is shorter.”
Workers also have the option to preserve their stay by filing for a change of status, adjustment of status, or compelling circumstances employment authorisation document, or by being the beneficiary of a valid petition to change employer before their visa expires.
Source: Getty Images
US announces new screening measures for journalists
Legit.ng earlier reported that the administration of United States President Donald Trump is set to expand social media screening to include foreign journalists applying for visas to work in the country, according to a report that signals another tightening of America's immigration and visa vetting process.
The reported policy would extend existing "online presence vetting" requirements to foreign media representatives, adding them to a growing list of visa applicants whose social media activity is scrutinised before they are allowed into the United States.
Source: Legit.ng
