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US may scrap 60-day grace period for H-1B workers

Washington, August 10, 2026 (Yes Punjab News)

The Trump administration is considering eliminating the 60-day grace period that allows laid-off H-1B and other foreign professionals to remain legally in the United States while seeking new employment or changing their immigration status, according to material shared by an Indian-American community leader.

The proposed Department of Homeland Security (DHS) regulation, listed as RIN 1615-AD22, is currently under review by the federal Office of Management and Budget. If implemented, it could affect non-immigrant visa holders, including those on H-1B, L-1 and O-1 visas, whose employment is terminated.

Under the existing rules, eligible workers can remain in the US for up to 60 days after losing their jobs to secure new employment, transfer their visa status or seek another lawful non-immigrant classification.

The possible removal of the grace period could have significant implications for Indian professionals, who account for a large share of H-1B visa holders, particularly in technology, engineering and healthcare.

Ajay Bhutoria, a former member of the President’s Advisory Commission on Asian Americans, Native Hawaiians and Pacific Islanders, urged the administration to withdraw the proposal, calling the elimination of the grace period “inhumane and unworkable.”

He said sudden job losses could leave workers with virtually no time to arrange new employment, complete immigration formalities or manage personal responsibilities.

Bhutoria also warned that families could be affected, with spouses and children potentially facing disruption involving housing, schooling and other arrangements.

He said specialised hiring processes often involve multiple interviews, background checks and extensive US Citizenship and Immigration Services paperwork, making the existing 60-day period challenging enough.

Bhutoria said he had previously advocated extending the grace period to 180 days to give skilled professionals adequate time to find suitable employment and complete immigration procedures.

The proposal has not yet taken effect. It would ordinarily have to be formally published in the Federal Register before the public could submit comments.

The H-1B programme allows US employers to hire foreign workers in specialised occupations requiring advanced knowledge. Indian nationals have historically accounted for the largest share of H-1B visa beneficiaries.

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