US foreign workers could soon face a major policy shift that might require them to depart the country immediately upon losing their employment. Under a proposal currently under administrative review, the long-standing 60-day cushion provided to non-immigrant visa holders to secure new employment or adjust their status may be completely scrapped. If finalized, individuals who suffer job losses would no longer receive a buffer period to remain legally within the United States while seeking another sponsor.
Details of the Policy Proposal
The Department of Homeland Security has submitted the proposed regulatory update to the Office of Management and Budget, commonly known as OMB, for preliminary evaluation. This regulatory measure specifically targets the elimination of the 60-day grace period that was originally introduced back in 2017. The primary objective of the 2017 rule was to afford foreign professionals a reasonable window to transition between employers or explore legal immigration alternatives without being forced into an abrupt departure immediately after termination. Although the complete text of the draft rule remains undisclosed, its potential implementation could reshape the security and stability of foreign professionals across various sectors.
Visa Categories Facing Direct Impact
Should the proposed modification receive final clearance, it would directly affect a broad spectrum of non-immigrant visa classifications along with their dependent family members. The impacted categories include E-1, E-2, and E-3 visa holders, standard H-1B specialty occupation workers, H-1B1 beneficiaries, L-1 intra-company transferees, O-1 individuals of extraordinary ability, and TN visa holders. Immigration specialists point out that even under current frameworks, the Department of Homeland Security retains discretionary authority to shorten or deny the 60-day relief on an individual basis, though such discretionary powers have historically been exercised only in rare instances.
Severe Ramifications for Indian Professionals
This regulatory shift poses disproportionate challenges for Indian workers, who constitute a massive portion of the skilled foreign workforce in America. Currently, an estimated 52 lakh people of Indian origin reside in the United States, forming a vital part of its demographic and economic landscape. Indian nationals represent the largest group of H-1B visa recipients, having secured approximately 71 percent of all approved H-1B applications in the 2024-25 fiscal year. Consequently, removing the 60-day window would leave thousands of Indian engineers, researchers, and corporate workers at risk of sudden deportation without sufficient time to interview, secure job offers, or transfer their visas to new employers.
Current Status and Next Steps
At present, the proposal remains under inter-agency review at the Office of Management and Budget and has not yet taken legal effect. The exact timing, finalized provisions, and potential exceptions will become clear only if and when the regulation completes its mandatory review process and is officially published. Until then, existing grace period regulations remain in place for non-immigrant workers across the country.
