Lose Your H-1B Visa Job Under Trump’s New Plan? Here’s What Indian Workers Could Face

Thousands of foreign workers, including a large number of Indian professionals, could face a tougher situation after losing their jobs in the US if a new Trump administration proposal becomes final. The Department of Homeland Security (DHS) wants to remove the 60-day grace period that currently gives eligible H-1B workers time to find another employer, change their immigration status or prepare to leave the country.

Reportedly, the proposed H-1B Visa rule would end a cushion that has been available since regulations introduced in 2017. Under the current system, eligible workers can stay in the US for up to 60 days after their employment ends. If the proposal takes effect, that window would disappear, making it harder for laid-off workers to secure a new sponsor while remaining in the country.

H-1B Visa rule could force laid-off workers to leave

As per reports, DHS said eliminating the grace period would reduce administrative burdens and restore a more direct relationship between a foreign worker’s immigration status and the employment that formed the basis for admission to the US. The change would also cover some other temporary workers who currently receive the same protection, including L-1 intracompany transferees and O-1 workers.

For an H-1B Visa holder who loses a job, the practical impact could be significant. A worker who later finds a new job may have to leave the US and complete processing at a US embassy or consulate before returning, instead of using the existing grace period to transition directly to another employer.

Indian professionals face major H-1B Visa exposure

The proposal has particular relevance for Indian professionals because Indian-born workers make up the largest share of approved H-1B beneficiaries. USCIS data for fiscal year 2024 showed 283,397 approved beneficiaries were born in India, representing 71% of all approved beneficiaries. China was the next-largest group.

According to reports, the proposal does not specifically single out Indians, and DHS has not said Indian nationals would face separate rules. Their exposure comes from their large presence in the H-1B Visa programme, meaning any broad change affecting workers after job loss would have a major impact on Indian professionals in the US.

H-1B Visa data shows how many workers could be affected

Reportedly, DHS estimates that an average of 65,752 workers covered by the 60-day grace period either lost their jobs or changed employers each year between 2021 and 2025. Of those, just under 6% had a new employer file to sponsor them during the grace period, while another 1.7% filed to extend or change their status.

The proposal could also raise costs for companies that terminate foreign workers. Employers are required to cover transportation costs to an employee’s home country, according to Bloomberg Law.

H-1B Visa proposal still open for public comments

The DHS plan is not yet final. Once the proposed rule is published in the Federal Register, the department will allow a 60-day public comment period before moving toward a final decision.

Until then, the existing H-1B Visa 60-day grace period remains available to eligible workers under the current rules.

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