The Trump administration has proposed eliminating the 60-day grace period that currently allows H-1B visa holders and other temporary foreign workers to remain in the United States to seek new employment after losing their jobs. Published by the Department of Homeland Security in the Federal Register, the rule would require affected individuals to depart the country immediately upon the termination of their employment.
This policy shift is expected to significantly impact Indian technology professionals, who constitute a large portion of the H-1B workforce. Major firms including Tata Consultancy Services, Infosys, HCLTech, and LTIMindtree, alongside global consultancy companies, are among the primary sponsors of these visas. Legal experts noted that the change would severely restrict the timeline for human resources teams to manage layoffs and offboarding processes for foreign national employees.
The proposal also extends to holders of E-1, E-2, L-1, O-1, and TN visas, as well as H-1B1 and E-3 workers. While the Department of Homeland Security acknowledged potential corporate disruption, it suggested that positions could be filled by American workers or retained through the existing I-129 petition process. The rule is currently subject to a two-month public comment period.
