Trump Administration Weighs Ending 60-Day Grace Period for H-1B Workers
Washington — The Trump administration is considering eliminating the 60-day grace period that allows H-1B and certain other foreign workers who lose their jobs to find new employment or change their immigration status while remaining legally in the United States.
A proposed Department of Homeland Security regulation, identified as RIN 1615-AD22, is currently under review by the federal Office of Management and Budget, according to information shared by Indian-American community leader Ajay Bhutoria.
The proposal could affect workers on several nonimmigrant visa categories, including H-1B, L-1 and O-1 visas, after their employment ends.
Under current rules, eligible workers generally have up to 60 days following the termination of employment to find another employer, seek a transfer of their immigration status or move to another lawful nonimmigrant classification.
Ending that grace period could have significant consequences for Indian professionals, who account for a substantial share of H-1B workers in the United States, particularly in the technology, engineering and healthcare sectors.
Bhutoria, a former member of the President’s Advisory Commission on Asian Americans, Native Hawaiians and Pacific Islanders, urged the administration to abandon the proposal.
“I strongly condemn and slam this proposed DHS policy,” Bhutoria said. “Eliminating the 60-day grace period is inhumane and unworkable. When a worker faces a sudden termination, 60 days was already dangerously short. Stripping away this protection entirely leaves thousands of law-abiding individuals with zero time to wrap up their lives.”
The proposed regulation remains under federal review and has not taken effect. It would generally have to be formally published before proceeding through the regulatory process, including an opportunity for public comment.
Bhutoria argued that eliminating the grace period would affect not only workers but also spouses and children who have established lives in the United States.
“People will not even have time to sell their homes, manage their leases, or transition their children out of schools,” he said. “Families will be uprooted overnight, thrown into chaos through no fault of their own after dedicating years of hard work and tax contributions to this country.”
He also said employers often cannot complete the recruitment and immigration process for specialized jobs within a short period because candidates may have to undergo several interviews, background checks and additional immigration processing.
Bhutoria said that while serving on the presidential advisory commission, he advocated for extending the existing grace period to 180 days.
“When I served on the President’s AANHPI Commission, I specifically authored and pushed a recommendation to extend the grace period to 180 days precisely because the hiring process for specialized technology and engineering roles involves four to five rounds of interviews, background checks, and extensive USCIS paperwork that cannot be squeezed into a rigid window, let alone done overnight,” he said.
Bhutoria said eliminating the grace period could also make it more difficult for U.S. companies to retain highly skilled foreign workers.
“This proposal strikes at the heart of the South Asian immigrant community and skilled workforce,” he said. “I urge DHS and the administration to withdraw this proposal immediately and instead adopt a compassionate, pragmatic 180-day grace period that respects human dignity and protects America’s competitive edge.”
He also urged South Asian organizations, business leaders and immigration advocacy groups to prepare public comments if the proposed regulation is published in the Federal Register.
The H-1B program allows U.S. employers to hire foreign professionals for specialty occupations that generally require specialized knowledge and advanced education. Indian nationals have historically accounted for the largest share of H-1B beneficiaries. (Source: IANS)
