H-1B layoff or missing paperwork? Indians face a tougher US immigration road

Moving to the United States is becoming harder for Indian nationals looking to work or settle permanently in the country, immigration experts and lawyers said, citing two recent policy shifts.

The first is the guidance issued by the US Citizenship and Immigration Services (USCIS) on August 5 permitting immigration officers to deny an application or petition for an immigration benefit, including a Green Card, without issuing a request for evidence (RFE) or a notice of intent to deny. The second is the Department of Homeland Security (DHS) proposal to eliminate the 60-day grace period for H-1B and other highskilled non-immigrant workers to find a new job or change immigration status after a layoff. Currently under the White House review, the rule is not yet finalised or active.

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“H-1B visa holders could soon lose more than a job with the proposed DHS rule coming into effect, as it will bring more uncertainty around US immigration policy for Indians,” said Sukanya Raman, country head for India at immigration-focused law firm Davies & Associates. “We are already seeing queries from H-1B professionals to explore long-term options such as EB-5 for greater stability and a clearer path to permanent residency.”

According to Ankita Singh, founder of law firm Sarvaank Associates, removing this window means a single layoff turns an individual’s lawful career into an immediate immigration breach.

“Stripping away this safety net doesn’t just destabilise Indian families rooted in the US; it severely undermines American corporate competitiveness by weaponising routine economic adjustments against top-tier foreign talent.” While the proposal is not yet final, it is a significant policy change that H-1B workers should watch closely, said experts.

“Scrapping the 60-day grace period would make job losses far more disruptive for H-1B workers,” said Keshav Singhania, head–private client, Singhania & Co. “At present, that window gives people some breathing room to find a new employer, change their visa status, or plan their next move.”

NO SECOND CHANCES

Starting this week, immigration officers have the discretion to deny an application or petition without issuing a RFE or a notice of intent to deny.

“The principal change is that applicants should no longer assume that USCIS will provide a second opportunity to correct an incomplete or inadequately documented filing,” said Prachi Shah, founder and managing attorney who runs the eponymous law firm in the US.

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The guidance is nationality neutral. Shah said, “It doesn’t single out Indian nationals; nevertheless, Indians are among the largest users of employment-based immigration programmes, including H-1B, L-1, EB-1, EB-2, EB-3 and EB-5.”

Experts say immigration cases involving complex qualifications, employer structures, maintenance of lawful status, source of funds or discretionary relief may face greater risk if the initial submission is incomplete.