H-1B setback for Indians? Plan to end 60-day safety net cleared by Trump White House

The US administration is set to eliminate the 60-day grace period for H-1B and certain foreign workers, which could have significant implications for Indian professionals, who made up 71% of approved H-1B petitions in fiscal 2024. The proposed rule, titled "Eliminating the Discretionary 60-day Grace Period," cleared review by the White House Office of Information and Regulatory Affairs (OIRA) on August 6.

However, it has not yet been published or subjected to public comment, so its final form and implementation date remain uncertain. The current regulation, effective since January 2017, allows H-1B, E-1, E-2, E-3, L-1, O-1 and their dependents to stay in the US for up to 60 days after losing their jobs. The grace period protects employment-based visa categories, but the impending change could force H-1B workers to immediately exit the country or face extended legal complications.