
H-1B Visa Rules Could Change Under New US Immigration Plan
New Delhi, Aug. 9 [VoM News]: The United States is considering ending a provision that allows certain foreign workers to remain in the country for up to 60 days after losing their jobs, a move that could significantly impact thousands of skilled professionals, including a large number of Indian nationals.
The proposal is currently under review by the White House Office of Management and Budget (OMB) and has not yet been finalised. The full details of the proposed changes have not been made public.
If approved, the rule would eliminate the existing 60-day grace period granted to eligible non-immigrant workers and their dependants when employment ends before the expiry of their authorised stay. As a result, affected workers could be required to leave the United States almost immediately unless they secure another valid immigration status.
The proposed change is expected to have a major impact on the Indian community in the US. According to the US Citizenship and Immigration Services (USCIS), Indian nationals accounted for 71 percent of all approved H-1B visa petitions during the 2024 fiscal year. More than 5.2 million people of Indian origin currently reside in the United States.
The existing grace period was introduced in 2017 to provide flexibility for highly skilled foreign workers who lose their jobs. Under the current rules, eligible workers may remain in the US for up to 60 consecutive days, or until the end of their authorised stay, whichever comes first, while seeking new employment or changing their immigration status.
The provision applies to several employment-based visa categories, including H-1B, H-1B1, L-1, O-1, E-1, E-2, E-3 and TN visas, as well as their dependants.
If the proposal becomes law, workers in these visa categories may no longer be able to change employers or adjust their immigration status from within the United States after their employment ends, unless US immigration authorities exercise discretionary relief in individual cases.
The proposal remains under review, and no timeline has been announced for a final decision.
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