Laid off on H-1B? Trump plan could force workers to leave US immediately; how Indians could be affected | Hindustan Times - Hindustan Times

**U.S. Department of Homeland Security proposes ending the 60‑day grace period for H‑1B and other employment‑based visas**

The Department of Homeland Security (DHS) has released a notice of proposed rulemaking that would eliminate the existing 60‑day “grace period” that allows foreign professionals on H‑1B, L‑1, O‑1, and similar work visas to remain in the United States after a termination of employment. Under the current policy, laid‑off workers have up to two months to find a new sponsor, change status, or prepare for departure without immediately falling out of status. The new rule would require visa holders to leave the country or be considered out of status as soon as their employment ends, unless they already have a pending petition or have successfully transferred to another employer within a very short window. DHS frames the change as a measure to tighten immigration enforcement and close what it describes as a “loophole” that can be exploited for extended stays without active employment.

The proposal has sparked alarm among Indian nationals, who constitute the largest share of the U.S. H‑1B workforce. Industry groups, tech companies, and immigration advocacy organizations argue that the abrupt removal of the grace period could disrupt the lives of tens of thousands of skilled workers and their families, many of whom have lived in the United States for years and contribute significantly to the U.S. tech and research sectors. Legal experts warn that the rule would increase the risk of inadvertent unlawful presence, jeopardize future immigration benefits, and place added pressure on employers to quickly replace workers or face potential penalties. Several Indian community organizations have urged the Biden administration to reconsider the change, noting that the policy could also trigger a talent drain at a time when the U.S. is competing for global tech expertise.

The rule is now open for public comment until **[insert deadline, e.g., November 15, 2024]**, and DHS has indicated it will weigh feedback before finalizing the regulation. While the Trump administration initially championed the proposal, the current administration has not yet signaled a definitive stance. Stakeholders are watching closely, as any final rule could reshape the employment‑based immigration landscape, affecting not only Indian professionals but also the broader pool of international talent that fuels innovation in the United States.

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