World · India Bureau
US Set To Eliminate Grace Period For H-1B Visa Holders
The United States Department of Homeland Security has proposed eliminating the 60-day grace period that currently allows H-1B and other temporary work visa holders to remain in the country after job loss or visa expiration. The regulatory change, if implemented, would require affected workers to depart immediately upon losing employment status.
LSN India ·
The proposed rule, published in the Federal Register, marks a significant tightening of regulations governing temporary work visas that are widely used by multinational corporations and Indian IT services firms to deploy skilled professionals in the United States. The 60-day grace period has long served as a buffer allowing visa holders time to secure new employment or arrange departure logistics.
Under current regulations, H-1B visa holders and certain other temporary workers have been permitted to remain in the United States for up to 60 days after their employment ends or visa status expires, provided they maintain valid status during that period. The Department of Homeland Security's proposed elimination of this grace period would compel immediate departure once employment ceases.
The change has significant implications for Indian professionals and companies, given that Indian nationals represent a substantial portion of H-1B visa holders in the United States. IT services exports, a major component of India's economy, rely heavily on the ability to deploy skilled workers temporarily to client sites in America.
The Department of Homeland Security has not yet finalized the rule, and a comment period is expected to follow publication in the Federal Register. Industry groups and advocacy organizations are likely to submit formal responses regarding the proposed change before any final determination is made.