WASHINGTON — The US Department of Homeland Security (DHS) has proposed a significant change to immigration rules that would scrap a 60-day grace period for holders of certain work visas after they lose their employment. Currently, employees on H-1B and L-1 visas are allowed to stay in the country for up to 60 days following a termination or layoff while they seek new sponsorship or make arrangements to depart. The proposed rule, published in the Federal Register, argues that the grace period undermines the integrity of employment-based visa classifications by enabling individuals to remain in the United States without active employment ties.
If finalized, the change would force affected workers to either find a new employer willing to file a petition immediately or leave the country within a shorter timeframe—potentially just days after job loss. Immigration experts warn that the rule could create sudden uncertainty for hundreds of thousands of highly skilled professionals, particularly in technology, engineering, and management roles where H-1B and L-1 visas are concentrated.
India is the largest source country for H-1B and L-1 beneficiaries, with tens of thousands of Indian nationals relying on these visas for residence and employment. Industry groups and advocacy organizations have expressed concern that the elimination of the grace period would disrupt careers, strain families, and reduce the United States’ competitiveness in attracting global talent. A public comment period is open, and the rule may take effect as soon as early next year after review.
The move comes amid broader political discussions about immigration enforcement and workforce protection in the United States.
