# Trump Administration Nears Elimination of 60-Day Grace Period for H-1B Visa Holders

> A new proposal by the Donald Trump administration has cleared White House regulatory review, moving closer to eliminating the 60-day grace period for foreign workers who lose their jobs. This potential change is being closely watched by Indian professionals in the United States.

**Type:** article · **Category:** Business · **Published:** 2026-08-29 · **Source:** TrendKia
**Canonical:** https://trendkia.com/en/business/trump-administration-nears-elimination-of-60-day-grace-period-for-h-1b-visa-holders-24056 · **Language:** English
**Tags:** Donald Trump, H-1B Visa, US Immigration, Indian Professionals, Grace Period

A proposal put forward by the administration of United States President Donald Trump has successfully cleared regulatory review at the White House. The primary objective of this administrative initiative is to eliminate the 60-day grace period that foreign workers traditionally receive after losing their employment. With this significant clearance now secured, the prospective measure has moved notably closer to being publicly released.

 According to Bloomberg Law, the Department of Homeland Security proposal received formal approval on Thursday from the Office of Information and Regulatory Affairs. This development carries immense significance for individuals operating under the H-1B visa program, particularly professionals originating from India, as Indian nationals represent the largest demographic of beneficiaries within this American skilled-worker visa framework.

 

## **Current Status of the 60-Day Grace Period**
 Despite this administrative progress, the proposal has not yet been officially enacted, and the existing 60-day grace period remains fully operational at the present time. The complete text of the upcoming rule has not yet been published for public scrutiny. Consequently, it remains undetermined which specific employee categories might be affected, whether any exemptions or waivers will be introduced, or if the Department of Homeland Security is planning any alternative administrative mechanisms. The precise scope and implications of the policy will only become entirely clear once the department formally publishes the proposed rule and opens it up for public review.

 

## **Understanding the 60-Day Grace Period**
 Under regulations established back in 2017, certain non-immigrant employees who experience a job termination are generally permitted to remain inside the United States for a continuous period of 60 days or until their authorized period of stay expires, whichever date arrives first. This grace period serves as a critical window that allows employees to search for an alternative corporate sponsor willing to take over their petition, alter their official immigration status, or make orderly arrangements for their departure from the country. This regulatory provision extends to several other visa categories as well, encompassing holders of E-1, E-2, E-3, H-1B1, L-1, O-1, and TN visas along with their respective dependents.

 It is worth noting that this 60-day duration is not automatically guaranteed in every single scenario, as the Department of Homeland Security retains the administrative discretion to apply or withhold it, meaning an employee whose authorized stay is already lapsing will not automatically receive the full two-month cushion.

 

## **Intense Scrutiny From Indian Professionals**
 The unfolding sequence of events is being monitored with intense vigilance by Indian technology professionals and workers across the United States. This heightened attention stems from the fact that Indian citizens account for the overwhelming majority of foreign workers who successfully secure H-1B visas. Specifically, official data from fiscal year 2024 revealed that seventy-one percent of all newly approved H-1B petitions belonged directly to Indian nationals.

## What this means for you
The potential removal of the 60-day grace period for H-1B visa holders introduces immediate operational and employment risks for foreign workers, particularly Indian professionals residing in the United States.

- **Across India:** Families of IT and technology professionals may face sudden repatriation pressures and disrupted financial planning if workers are forced to leave the US immediately upon losing a job.

- **For US Immigrants:** Workers who experience unexpected job terminations will lose the crucial 60-day cushion to secure new sponsorship, shifting immigration status, or make departure arrangements.

- **For Tech Employers:** American corporations and technology firms will need to overhaul their talent retention strategies and manage stricter compliance around foreign worker timelines.

- **On Legal Planning:** Skilled professionals will need to monitor their authorized periods of stay with extreme precision to avoid falling into illegal status due to sudden policy shifts.

- **For Future Applicants:** New engineering graduates and aspiring candidates looking to migrate to the US must factor these heightened regulatory hurdles into their long-term career choices.

## Questions & Answers

### 1. What is the primary objective of the Trump administration's new proposal?
The proposal aims to eliminate the 60-day grace period that foreign workers receive after losing their employment.

### 2. Which regulatory body recently approved the Department of Homeland Security proposal?
The Office of Information and Regulatory Affairs approved the Department of Homeland Security proposal.

### 3. Is the 60-day grace period currently still in effect?
Yes, the proposal has not yet been enacted, and the existing 60-day grace period remains operational.

### 4. What percentage of H-1B petitions were held by Indian nationals in fiscal year 2024?
Indian citizens accounted for 71 percent of the approved H-1B petitions in fiscal year 2024.

### 5. When was the 60-day grace period framework originally established?
The grace period framework was established under regulations put in place back in 2017.

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