H-1B 60-day grace period repeal plan draws 31,000 comments
Synopsis
A proposal to end the 60-day grace period for laid-off H-1B workers has triggered over 31,000 public comments in the US. With Indians holding roughly 70% of approved petitions, scrapping the buffer would force dismissed professionals out of the country almost overnight without time to find another sponsor.
Key Takeaways
The US DHS proposal to eliminate the 60-day grace period drew 31,383 comments by Tuesday night.
Indian professionals account for roughly 70% of 406,348 approved H-1B petitions in fiscal 2025 .
The rule affects H-1B , L-1 , O-1 , and TN visa holders and their dependants.
Between fiscal 2021 and 2025 , an average of 65,752 foreign workers lost or switched jobs annually.
The 60-day buffer was originally established in 2016 and took effect on 17 January 2017 .
A controversial proposal by the Trump administration to eliminate the 60-day grace period for laid-off H-1B visa holders in Washington has drawn over 31,000 public comments ahead of the deadline. The regulatory push by the US Department of Homeland Security (DHS) would strip foreign professionals of their critical window to seek fresh employment or adjust legal status following job termination, carrying sweeping ramifications for thousands of Indian tech workers.
Surge in Public Feedback Ahead of Deadline
Official records reveal that public engagement with the draft rule escalated rapidly as the submission window closed. Posted submissions on the federal register surged from roughly 27,000 on 2 November to 30,382 early Tuesday, before crossing 31,383 by Tuesday night local time.
Published by the Department of Homeland Security on 11 September, the proposed regulation targets the elimination of a longstanding protection that permits designated non-immigrant visa holders up to 60 days—or until their authorised stay concludes, whichever is shorter—to pursue another employer, transition visa categories, or prepare for departure. The mandate encompasses not only H-1B professionals but also workers on L-1, O-1, and TN visas alongside their eligible dependants.
The Argument Put Forward by Homeland Security
The Department of Homeland Security has justified the rollback by asserting that foreign worker immigration status must remain tethered directly to the specific employment for which they entered the country. Department officials contended that the current 60-day relief mechanism is not mandated by statute and imposes substantial administrative friction on processing authorities.
According to federal data, adjudicators were required to review grace period eligibility across more than 1.9 million petitions and applications between October 2017 and May 2026. Based on revoked employment filings, federal estimates suggest an average of 65,752 foreign workers either lost or switched jobs annually between fiscal years 2021 and 2025. Within that cohort, approximately 3,795 workers successfully secured new employer sponsorships during the grace period each year.
Disproportionate Impact on Indian Professionals
The removal of the buffer presents an acute hazard for Indian tech specialists, who represent the overwhelming majority of high-skilled guest workers in the United States. Federal data released by the US Citizenship and Immigration Services (USCIS) in its fiscal 2025 report to Congress indicated that roughly 70% of the 406,348 approved H-1B petitions were granted to individuals born in India, while China accounted for approximately 12%.
While acknowledging potential fallout, federal officials conceded in the draft filing that terminating the grace period could trigger immediate wage losses, steep relocation expenditures, and potential deportation proceedings for abruptly dismissed professionals. Without the window, an unexpected corporate layoff would leave employees with virtually zero turnaround time to transfer sponsorship or wind down their personal lives.
Comparison With Other Skilled Worker Measures
The grace-period amendment has ignited far more public pushback than parallel immigration actions moving through the rule-making pipeline. A distinct DHS measure seeking to levy an institutional fee of $70,000 for initial Optional Practical Training (OPT) alongside $30,000 for subsequent STEM extensions logged 8,947 comments before its window concluded.
Meanwhile, another initiative aiming to scrap the longstanding policy of deferring to prior approvals during routine visa extensions drew just 686 submissions ahead of its 13 November cutoff. The 60-day grace rule, originally enacted under a 2016 regulation that took effect on 17 January 2017, must now undergo rigorous departmental review of all submissions before officials decide whether to issue a formal final rule and establish an implementation timetable.
Point of View
This policy removes basic human breathing room for workers who pay taxes and anchor critical tech ecosystems. While the administration claims administrative convenience, stripping away this buffer treats highly skilled legal immigrants as disposable cogs rather than valued economic contributors.
NationPress
11 Nov 2026
Frequently Asked Questions
What is the US proposal regarding the H-1B 60-day grace period?
The US Department of Homeland Security has proposed eliminating the 60-day grace period that allows laid-off H-1B and other non-immigrant visa holders to search for new employment, change their legal status, or prepare to exit the country. If enacted, terminated workers would generally have to leave the United States immediately upon losing their jobs.
Who will be affected by the proposed H-1B rule change?
The proposed rule impacts non-immigrant workers on H-1B, L-1, O-1, and TN visas, as well as their dependants. Indian nationals are particularly vulnerable, as they hold approximately 70% of all approved H-1B petitions in the US.
Why does the Department of Homeland Security want to eliminate the grace period?
DHS argues that foreign workers' legal status should remain directly tied to their authorised employment and notes that the grace period is not statutory. The agency also cited the heavy administrative burden of reviewing grace period eligibility across more than 1.9 million petitions since 2017.
When did the 60-day grace period first come into effect?
The 60-day grace period was formalised under a Department of Homeland Security regulation published in 2016, which officially took effect on 17 January 2017.
What happens next before the rule becomes final?
Federal authorities must evaluate all 31,000-plus public comments submitted during the notice-and-comment period before deciding whether to publish a final rule. Any finalized regulation would outline the official effective date and implementation guidelines.
