H-1B Visa: The Department of Homeland Security wants to remove the 60-day grace period that currently gives eligible H-1B workers time to find another employer, change their immigration status, or prepare to leave the country. The proposal was published in the Federal Register, and under it, H-1B and some other temporary work visa holders would have to leave the US
DON'T MISS
Why Indian Techies Are Watching This Closely
Indian professionals make up one of the biggest. groups benefiting from the H-1B programme, with major Indian IT firms like Tata Consultancy Services, Infosys, HCLTech, and LTIMindtree among the top sponsors, alongside consulting giants such as Deloitte, PwC, and Ernst & Young. A shortened or scrapped grace period means far less breathing room to line up a new sponsor before a layoff turns into a forced exit.
The Grace Period Isn’t Gone Yet, But The Clock Is Ticking
The rule is still at the proposal stage and must go through the federal rulemaking process before it can take effect, meaning the 60-day grace period has not technically ended. Even so, immigration lawyers are already warning employers to prepare for a much tighter timeline.
What This Means For HR Teams And Job Seekers
Lawyers at Berardi Immigration Law said the proposal would sharply compress the timeline HR teams have to manage layoffs and offboarding for foreign national employees. For workers, that translates into less time to secure a new offer, initiate a transfer petition, or make arrangements to leave voluntarily rather than face removal proceedings.
What Indian Professionals Should Do Now
Indian tech professionals are among the groups watching the proposal most closely, given how central the sector is to their careers in the US. Until the rule clears the federal process, the safest move is to keep documentation ready, build backup employer contacts early, and track DHS updates closely rather than wait for a layoff notice to start planning.
