US H-1B grace period proposal draws 31,383 comments as job-loss concerns grow

The Trump administration's proposal to eliminate the 60-day grace period that allows laid-off H-1B visa holders to find new employment in the US has attracted more than 31,000 public comments, reflecting growing attention to a measure that could affect thousands of foreign professionals, particularly Indians, according to IANS.

The proposal had received 31,383 posted comments by Tuesday night (local time), as the deadline for public submissions approached. The number increased from around 27,000 on November 2 to 30,382 earlier on Tuesday.

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The Department of Homeland Security (DHS) published the proposed rule on September 11. It seeks to remove the provision that allows certain foreign workers up to 60 days after losing their jobs to secure new employment, change their immigration status or prepare to leave the country.

The existing grace period applies to eligible H-1B workers as well as several other temporary visa categories, including L-1, O-1 and TN. Their dependants are also covered.

Under current rules, eligible workers can remain in the US for up to 60 days after their employment ends, or until their authorised period of stay expires, whichever comes first.

If the proposal is implemented, workers who lose their jobs would no longer have this discretionary protection. They would generally be required to leave the country unless they obtain another authorisation to remain.

DHS has argued that immigration status should remain directly linked to the employment for which a foreign worker was admitted. It said the grace period is not mandated by statute and creates additional administrative work for immigration authorities.

According to the department, officials had to consider the provision's applicability in more than 1.9 million petitions and applications between October 2017 and May 2026.

Using revoked employment petitions as an indicator, DHS estimated that an average of 65,752 foreign workers annually lost or changed jobs between fiscal years 2021 and 2025. Of these, approximately 3,795 had new employer petitions filed during the grace period each year.

The department acknowledged that removing the provision could result in lost income, relocation expenses and possible immigration proceedings for affected workers.

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The proposal has particular implications for Indian professionals, who account for the largest share of H-1B beneficiaries. According to USCIS figures cited in its fiscal 2025 report to Congress, around 70 per cent of 406,348 approved H-1B petitions involved beneficiaries born in India. China accounted for approximately 12 per cent.

The grace-period proposal has attracted more comments than two other pending DHS measures affecting international students and skilled foreign workers.

A separate proposal to charge institutions $70,000 for initial optional practical training and $30,000 for subsequent training had received 8,947 comments before its submission deadline. Another proposal to change how USCIS reviews certain extension applications had received 686 comments, with its deadline set for November 13.

However, the number of comments does not indicate how many respondents support or oppose the proposals.

DHS must review the submissions before deciding whether to issue a final rule. Any final regulation will specify its effective date.

The 60-day grace period was introduced through a 2016 regulation that took effect on January 17, 2017.