The US Department of Homeland Security is advancing a proposal that could eliminate the 60-day grace period available to H-1B workers after they lose their jobs, raising concern among Indian technology professionals and immigrant families. The proposal reached the White House Office of Management and Budget on August 6 for regulatory review. OMB records list it as a proposed rule titled “Eliminating the Discretionary 60-day Grace Period.” The measure has not taken effect. DHS has also not publicly released the full proposed regulatory text, meaning important details could still change during the review process. What the current 60-day rule allows Current federal regulations protect eligible foreign workers from immediately falling out of status solely because their employment ends. The rule allows a grace period of “up to 60 consecutive days” or until the worker’s authorised stay expires, whichever comes first. It covers workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN classifications. Their dependants also receive protection under the existing provision. During this period, an eligible H-1B worker can seek another sponsoring employer or pursue a change of immigration status. Workers can also prepare to leave the United States if another option is unavailable. USCIS introduced the grace-period provision through regulations that took effect in January 2017. It was designed to give employment-based non-immigrants greater flexibility after an unexpected termination. Why H-1B workers and families are concerned Removing the grace period could make a sudden job loss an immediate immigration problem for many foreign professionals. An H-1B worker who loses employment may have much less time to secure another sponsor. The change could also complicate efforts to move into another eligible immigration category. The consequences could extend to families. H-4 spouses and children generally depend on the principal H-1B holder maintaining the underlying immigration status. The issue carries particular importance for Indian professionals, including thousands employed across the US technology sector. Indian workers have long represented a major share of the H-1B workforce. Employers could also face tighter timelines when recruiting foreign professionals who have recently lost sponsored jobs. However, the existing regulation already gives DHS discretion to shorten or eliminate the current 60-day period in individual circumstances. Has the H-1B grace period ended? No. The 60-day grace period remains in force as of August 10, 2026. OMB records show the proposal remains under review and carries no legal deadline. It is still at the proposed-rule stage. If DHS moves ahead, the proposal would normally need publication through the federal rulemaking process before any final regulation could take effect. The government could modify, delay or withdraw it before then. For now, eligible H-1B workers who lose their jobs can continue relying on the existing grace-period rules. The development nevertheless increases uncertainty for foreign professionals whose legal status depends on employment. Any eventual removal of the protection could sharply reduce the time workers have to find a new employer, change status or arrange their departure from the United States.