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Trump administration proposes ending 60-day H-1B visa grace period; Indians at risk

The proposal is the latest ⁠step by US President Donald Trump to limit legal migration since returning to office in January 2025.

FULL ARTICLE · The Indian Express World

3 min readNew DelhiUpdated: Sep 16, 2026 10:14 PM IST

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Eric Trump showed off a passport imprinted with an image of his father on X (Screengrab: X/ @EricTrump)

The Trump administration has proposed eliminating a 60-day grace period that allows certain immigrants, including skilled workers on H-1B visas, to stay in the United States and find a new sponsor after losing their job, according to a government notice posted online Thursday.

Under the planned rule change, published in the Federal Register by the US Department of Homeland Security, those with H-1B and certain other temporary work visas would have to leave the country as soon as their employment ends a potential blow to top American tech companies that rely heavily on foreign workers.

It is the latest step by US President Donald Trump to limit legal migration since returning to office in January 2025. His administration has also introduced higher visa fees for skilled workers and recently paused immigrant visa appointments at US missions around the world while it implements a new training program.

Who else would the rule cover?

The change would not be limited to H-1B holders. It would also apply to E-1 international trader visa holders, E-2 commercial vehicle operators, and L-1 visa holders working as executives or managers for international companies.

Also covered, O-1 visa holders recognized for extraordinary ability in fields such as science, sports, or the arts, and TN professional workers. The rule would additionally affect H-1B1 skilled workers from Singapore and Chile, and E-3 speciality workers from Australia.

How long has the grace period existed?

The 60-day grace period was introduced in 2017. It was designed to give foreign workers time to secure another job in the US or make arrangements to leave including selling a home, moving belongings, or withdrawing children from school.

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H-1B visas themselves date back to 1990, when Congress created the program to help US companies fill specialized roles facing a shortage of qualified domestic workers.

What are the business implications?

Companies impacted by the change could see some disruption, DHS wrote in its proposal, but it said the jobs could go to American workers instead. In some situations, immigrant workers who leave could potentially reapply if their employer petitions for them, it added.

“DHS presumes that they will either offer the same jobs to equally qualified US workers or go through the I-129 petition process depending on their workforce requirement,” the notice said.

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Major H-1B sponsors include consultancy firms such as Deloitte, PwC, and Ernst & Young, as well as outsourcing companies including Tata Consultancy Services, Infosys, HCLTech, and LTIMindtree. Immigration lawyers at Berardi Immigration Law told Reuters the proposed change would “sharply compress the timeline HR teams have to manage layoffs and offboarding for foreign national employees.”

The proposed rule is subject to a two-month public comment period before it can be finalised by the administration.

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Nischai Vats is a Deputy Copy Editor at The Indian Express. His work primarily covers US politics and visa and immigration policy, alongside broader international developments, with an emphasis on accuracy, verification, and clear explainers. Experience Nischai joined The Indian Express in May 2024 where he works on writing, editing, and refining high-impact stories for digital platforms. His role involves ensuring editorial consistency, factual accuracy, and clarity in coverage of complex policy-driven subjects. Earlier in his career, he worked across Indian digital newsrooms in reporting and editing roles, including stints at Inshorts, Newslaundry, Tiranga TV, and Catch News. His newsroom experience spans rapid digital publishing, ground reporting, and copy editing across national, civic, and policy beats. Expertise His core areas of focus include: US politics and governance: Coverage of American political developments, executive actions, and policy shifts. US visa and immigration policy: Reporting and editing stories on visa categories, regulatory changes, and immigration pathways affecting global audiences. Editorial accuracy and copy editing: Ensuring clarity, language precision, and verification in fast-paced digital news environments. Authoritativeness and trustworthiness Nischai's journalism is grounded in verified sources, official documentation, and clear attribution, in line with The Indian Express’ editorial standards. His background across reporting and editing enables him to translate complex policy updates into reliable, reader-friendly coverage. ... Read More

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