International
oi-Swastika Sruti
There have been significant changes to the regulations regarding foreign workers in the United States suggested by the Donald Trump administration that might impact many Indian professionals working under temporary visas in the US.
Proposed US regulations from the Trump administration seek to eliminate the 60-day grace period for foreign workers, potentially requiring immediate departure upon job termination instead of allowing time to find new employment, notably affecting Indian H-1B visa holders.
According to the new proposed regulations, the 60-day grace period available to some foreign workers following termination of their employment will be abolished. The suggested rule means that some employees on H-1B and other types of visas might need to leave the country immediately upon termination of their employment.
The new suggestion is especially important to Indian professionals who constitute the majority of those holding H-1B visas in the US.
What Is the 60-Day Grace Period?
The 60-day grace period was introduced in 2017 to give certain foreign workers some time after their employment ends to make arrangements.
During this period, eligible workers can generally look for another job, work towards a new employer-sponsored visa process where applicable, or prepare to leave the US.
The additional time can be important for families who need to sell or vacate a home, move their belongings, transfer children from schools or arrange travel back to their home country.
The Trump administration is now proposing to remove that cushion.
What Happens If the Rule Is Approved?
Under the proposed change, the worker’s immigration status would be more directly tied to the specific employment or activity that formed the basis for their admission to the US.
In practical terms, losing the job could mean losing the basis for remaining in the country much sooner.
The Department of Homeland Security (DHS) said the proposal would restore a direct link between a foreign national’s non-immigrant status and the employment or activity on which that status was based.
The department also argued that the change could reduce administrative burdens.
Why Indian Professionals Could Be Hit Hard
The proposal is likely to attract particular attention among Indian professionals because India has historically been the largest source of H-1B workers.
A sudden job loss can already create uncertainty for foreign workers. Removing the 60-day window would make that situation more difficult by leaving less time to find another employer willing and able to sponsor the worker.
For Indian workers who have spent years building careers in the US, the impact could extend beyond employment.
Families may have to make quick decisions about housing, children’s education, travel and personal belongings if a worker’s employment ends.
What About Finding Another US Employer?
The proposed rule does not necessarily mean that every foreign worker who loses a job would permanently lose the possibility of returning to the US.
The DHS has indicated that some workers could potentially return if a new employer files the required petition on their behalf. However, the timing would become far more important.
The department said employers could either hire qualified US workers for the position or use the existing Form I-129 petition process where they require foreign workers.
This could make changing employers more complicated for workers whose employment has already ended.
What It Could Mean for Indian H-1B Workers
In case the legislation passes in its present form, then the most significant thing that will happen to Indian H-1B workers is that they will lose an important safety net in case they get fired from their jobs.
Whereas now, they have two months in order to either find themselves a new job or start planning on how to leave, in the future they will not have this luxury anymore.
This would be particularly stressful to workers in industries where lay-offs and job transfers happen regularly.
The legislation is yet to pass. Therefore, it all depends on its final form and whether it will be implemented.
