H-1B visa rules may tighten: US weighs scrapping 60-day job-loss grace period: What it means for Indians
The US is reviewing a proposal that could eliminate the 60-day grace period that allows certain foreign workers on non-immigrant visas to remain in the
The US is reviewing a proposal that could eliminate the 60-day grace period that allows certain foreign workers on non-immigrant visas to remain in the country and look for a new job after losing employment. The proposal, submitted by the Department of Homeland Security (DHS), is currently under review by the Office of Management and Budget (OMB). If approved and implemented, the change could significantly tighten the rules for foreign workers whose employment ends before their authorised period of stay expires. Here is what the proposed change could mean for foreign workers, H-1B visa holders and their dependents. What is the 60-day grace period? The 60-day grace period was introduced in 2017 to give certain non-immigrant workers a limited amount of time to deal with an unexpected job loss. Under the existing framework, eligible workers can generally remain in the US for up to 60 days after their employment ends, or until the end of their authorised stay, whichever comes first. The period gives workers time to Find another employer Secure a new qualifying job Explore a change of immigration status Take other steps to remain lawfully in the US The provision also gives US companies more flexibility when hiring foreign workers who are already in the country. What is the US government proposing? The DHS proposal under review at OMB would eliminate the 60-day grace period for certain principal non-immigrant workers and their dependents when the principal worker's employment ends prematurely.
The full details of the proposal are not yet known. Because the proposal is still under review, it does not currently mean that the 60-day grace period has been abolished. If the regulation is eventually finalised, however, foreign workers affected by the change could face a much shorter window to make arrangements after losing their jobs. Which visa holders could be affected? The proposed change would apply to several categories of non-immigrant workers, including H-1B — specialty occupation workers H-1B1 — certain workers from Chile and Singapore L-1 — intracompany transferees O-1 — individuals with extraordinary ability E-1 and E-2 — treaty traders and investors E-3 — certain Australian professionals TN — eligible professionals from Canada and Mexico Dependents of affected principal visa holders could also be impacted. What happens if the grace period is removed? Under the proposed system, a foreign national whose employment ends before their authorised stay expires could generally be required to leave the US immediately, rather than having 60 days to find another job. That could make an unexpected layoff significantly more disruptive. Workers could potentially lose the ability to Remain in the US while searching for a new employer Transfer to another employer within the normal grace-period window File certain status-related applications while remaining in the country There could still be limited avenues for relief.
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