Foreign workers employed in the United States may soon face a concerning change. Under current rules, workers holding H-1B or certain other employment-based visas generally have up to 60 days after losing their jobs to find a new employer or otherwise maintain lawful status.
In other words, even after losing their job, they can remain legally in the United States for up to 60 days. However, the U.S. government is reportedly considering eliminating this 60-day grace period.
If the proposed change is approved, the consequences could be significant. Workers who lose their jobs may no longer have the same window to search for new employment or apply for another immigration status. Unless another legal option is available, they could be required to leave the United States shortly after their employment ends, along with dependent spouses, children, or other family members.
Indian immigrants could be among those most affected. Indians make up the largest share of H-1B recipients, accounting for roughly 71% of approved H-1B petitions in some recent statistics. As a result, any major change to the grace period could create uncertainty for thousands of Indian professionals working in the United States.
The 60-day grace period was introduced in 2017 to give highly skilled foreign workers some time to recover from unexpected job losses and seek new employment without immediately losing their lawful status.
The White House is reportedly reviewing a proposal to eliminate or change the provision. However, the proposal has not been finalized or implemented.
If the rule is ultimately changed, it could affect H-1B holders as well as workers in several other employment-based visa categories. Unless the government provides specific exceptions or alternative protections, losing a job could make it substantially more difficult for affected foreign workers to remain in the United States.
