The US Department of Homeland Security has proposed eliminating the discretionary grace period that currently allows certain temporary foreign workers to remain in the country for up to 60 days after their employment ends.
The provision generally gives eligible workers time to secure a new employer, apply for another lawful immigration status or prepare to leave the United States. The proposed withdrawal would affect H-1B professionals as well as workers in several other categories, including E-1, E-2, L-1, O-1, TN, H-1B1 and E-3.
If the proposal is finalized in its present form, affected workers could begin losing their lawful status immediately after their employment terminates. Their dependent family members could also face consequences because their status is normally tied to that of the principal visa holder.
The development is particularly important for Indian professionals, who make up the largest share of H-1B beneficiaries. It could reduce the time available to find a new sponsor following layoffs and increase uncertainty for workers already waiting many years for permanent residence.
The existing 60-day provision remains available for now. The DHS initiative is a proposed rule and has not yet taken effect. It must complete the federal rulemaking and public-comment process before it can become binding.
