US Scraps H-1B 60-Day Grace Period: What it Means for Indian Professionals

The US Department of Homeland Security is proposing to eliminate the 60-day grace period for certain H-1B workers after their employment ends, which could have significant consequences for Indian professionals in America.

The 60-day window allows foreign workers on certain visas to stay and job-hunt after losing employment. Under the current rule, introduced through a regulation that took effect in January 2017, H-1B workers can generally remain in the US for up to 60 days or until the end of their authorised stay, whichever comes first.

The Department of Homeland Security has sent a new plan to the White House Office of Management and Budget for review. The proposal aims to remove the grace-period protection when the principal worker's qualifying employment ends before the authorised period of stay expires.

Indian professionals make up the largest group of H-1B visa holders in America, with government data showing Indians received 71% of all approved H-1B petitions in 2024. If the proposal is finalised, an H-1B worker who loses their job could lose the current grace-period protection and may have to leave the US unless they qualify for another lawful status or USCIS grants an exception.