Washington, Aug 2026 : The Trump administration is considering a major change to immigration rules that could eliminate the existing 60-day grace period available to foreign professionals after losing their jobs in the United States, a move that could have significant implications for thousands of Indian workers on employment-based visas.
According to material shared by Indian-American community leader Ajay Bhutoria, the Department of Homeland Security (DHS) is reviewing a proposed regulation identified as RIN 1615-AD22. The proposal is currently under consideration by the federal Office of Management and Budget and has not yet been implemented.
The proposed regulation would affect holders of several non-immigrant employment visas, including H-1B, L-1 and O-1 visas, after the termination of their employment. Under the existing rules, eligible workers generally have up to 60 days, or until the end of their authorised validity period if earlier, to find a new employer, transfer their immigration status or seek another lawful non-immigrant classification.
Eliminating the grace period could place foreign professionals under considerable pressure following an unexpected job loss. Indian nationals, who account for a substantial share of H-1B visa holders, could be particularly affected. Large numbers of Indian professionals employed in technology, engineering, healthcare and other specialised sectors rely on the H-1B programme to work in the US.
Bhutoria, a former member of the President’s Advisory Commission on Asian Americans, Native Hawaiians and Pacific Islanders, strongly criticised the proposal and urged the administration to withdraw it.
He argued that removing the grace period would leave workers and their families with virtually no time to make arrangements following sudden termination of employment. According to Bhutoria, even the existing 60-day period can be difficult for professionals seeking highly specialised positions, given the lengthy recruitment and immigration processes involved.
He said the consequences would extend beyond individual employees to spouses and children who may be forced to make rapid decisions about housing, schooling and relocation.
Bhutoria also pointed to the practical difficulties involved in securing specialised employment. Recruitment for senior technology and engineering positions can involve multiple rounds of interviews, background checks, negotiations and extensive paperwork before a new employer can complete the required immigration process.
He said that during his tenure on the AANHPI Commission, he had supported extending the grace period to 180 days, arguing that such a measure would provide skilled workers with a realistic opportunity to secure new employment while allowing companies to retain experienced talent.
The proposed elimination of the grace period has therefore raised concerns not only about immigrant families but also about the ability of US companies to retain highly skilled professionals. Supporters of a longer transition period argue that sudden job losses should not automatically force workers who have spent years contributing to the US economy to leave the country immediately.
The DHS proposal remains under regulatory review and has not taken effect. If formally advanced, it would ordinarily need to be published in the Federal Register, after which the public would have an opportunity to submit comments before the government considers final action.
Bhutoria has urged South Asian organisations, business leaders and advocacy groups to closely monitor the proposal and prepare to participate in the public-comment process if it is published.
The H-1B programme enables US employers to hire foreign professionals for specialised occupations requiring highly specialised knowledge. Indian nationals have historically accounted for the largest share of H-1B beneficiaries, making any major change to post-employment immigration protections particularly significant for the Indian-American community.
(The content of this article is sourced from a news agency and has not been edited by the Mavericknews30 team.)
