US to scrap 60-day grace period for H1B visa holders, what impact will it have on Indian professionals?

The 60-day grace period given by US authorities to certain foreign workers on non-immigrant visas after they lose their jobs could end soon as a proposal in this regard is being reviewed by the Trump administration. If the changes go through, affected workers may have to leave the country immediately rather than look for a job during the grace period they were provided.

The White House Office of Management and Budget is currently reviewing a proposed DHS regulation. Because the proposal has not yet taken effect, its final details will not be known until publication in the Federal Register.

Under current regulations, H-1B workers who lose their jobs generally have up to 60 days to remain in the United States, unless their authorized stay expires sooner. DHS created the grace period in 2017 to recognize a simple fact of working life: sometimes employment ends unexpectedly.

The Department of Homeland Security had the powers to shorten or refuse the grace period, but there have been very few instances when it has taken such decisions.

How could Indians be affected?

According to data 71% of approved beneficiaries were born in India, which is far higher than any other countries. So, removing the 60 days grace period to find another employer willing to sponsor a new H-1B petition could make job transition significantly more urgent.

The rule applies to E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN categories of non-immigrant visa holders and their dependants.

The H-1B category is likely to be of particular interest to Indians, who represent a substantial share of H-1B beneficiaries. Nevertheless, the proposal does not specifically mention Indian nationals or target any particular nationality.

The Indian-American population in the US is close to 5.2 million, and the proposed change could impact several of workers who are highly dependent on the 60-day window after a job loss.