US DHS Proposes Eliminating 60-Day Job Search Window for Non-Immigrant Workers

The US Department of Homeland Security is reviewing a proposal to eliminate the 60-day grace period for certain non-immigrant workers after their employment ends. This change could have significant consequences for Indian professionals on H-1B visas, who make up a large share of the US H-1B workforce.

Currently, eligible foreign workers can remain in the US for up to 60 days or until the end of their authorized stay, whichever comes first. During this time, they can look for a new job and have a prospective employer file necessary paperwork, or explore another lawful immigration status.

The proposed rule would remove this flexibility, making it harder for workers to switch employers from within the US unless immigration authorities approve an exception. This could lead to immediate immigration crises for affected workers, who may have to leave the US rather than remain in the country while searching for a new employer.

Indian professionals, who have historically accounted for a substantial proportion of H-1B workers, are likely to feel the impact more sharply. The 60-day period has provided a buffer after layoffs, allowing workers to interview, negotiate an offer, and complete the immigration process with a new employer.