H-1B Workers Could Lose 60-Day Grace Period Under New US Plan
A US proposal could end the 60-day grace period for H-1B workers after job loss. Here's what it could mean for H-1B status and staying in the US.
The US is considering ending the H-1B Visa Grace Period that currently gives certain foreign workers up to 60 days to find a new job after employment ends. The proposal is under review by the White House Office of Management and Budget (OMB) and has not yet become a rule.
H-1B Workers Could Lose a Crucial 60-Day Window
Introduced in 2017, the current 60-day grace period allows eligible nonimmigrant workers whose employment ends to remain in the US for up to 60 consecutive days, or until their authorised stay expires, whichever comes first. The provision also covers dependents.
The proposed change could remove this window when employment ends before the worker's authorised period of stay. If finalised, affected workers and their dependents could be required to leave the US almost immediately.
More Than H-1B Holders Could Be Affected
The proposal would not be limited to H-1B workers. The current H-1B grace period provision also covers E-1, E-2, E-3, H-1B1, L-1, O-1 and TN visa categories. The existing 60-day window can give workers time to search for another employer, pursue a new visa or explore other options for remaining legally in the US.
Indian Professionals Face Significant Exposure
The change could be particularly important for Indian professionals, who have historically accounted for the largest share of H-1B beneficiaries. USCIS data cited by NDTV shows that 71% of approved H-1B petitions in FY2024 were for beneficiaries born in India.
For someone facing employment termination, losing the grace period could make maintaining H1B visa status significantly more challenging. It could also affect workers considering an H1B visa renewal, a change of employer, or longer-term alternatives such as US permanent residency.
Proposal Is Still Under Review
Importantly, the 60-day grace period has not been eliminated. The proposal remains under OMB review, and the full details have not yet been publicly released. Until a final rule is issued, the existing provisions continue to apply.
For H-1B professionals, the development makes the choice between continuing on H-1B and pursuing pathways such as H1B vs Green Card increasingly important to watch.
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