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H-1B grace-period axe clears review, not law

A US proposal targeting the discretionary 60-day window has cleared White House regulatory review. The legal text, effective date and Telangana impact remain unknown.

By Ctrl Alt DebateDiaspora
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A giant “REVIEWED” stamp hangs above a 60-day calendar and visa papers, while a proposed-rule folder sits apart from a locked cabinet labelled “LAW.”

The proposal has cleared regulatory review; its legal text and effective date are still pending.

Illustration generated from an editorial brief

The US Department of Homeland Security has moved a proposal to eliminate the discretionary 60-day grace period available to certain employment-based visa holders, including H-1B workers. It has not become law.

The White House Office of Information and Regulatory Affairs lists the measure, titled “Eliminating the Discretionary 60-day Grace Period”, as a proposed rule. OIRA recorded the review as completed on August 27, 2026, with the outcome “Consistent with Change”. No publication date is listed.

Under the existing rule, eligible workers in categories including H-1B may receive up to 60 consecutive days after employment ends to seek a new job, change status or prepare to leave the US. The period is discretionary, cannot outlast authorised stay and does not permit employment.

Indian professionals are likely to watch the proposal closely: USCIS recorded 283,755 approved H-1B petitions for India-born beneficiaries in FY2024, 71% of the total. The State Department issued 11,086 H-1B visas to Indian nationals in April 2025.

There is no official public count of H-1B holders from Telangana. Until the proposed rule is published, its exceptions, transition arrangements and effective date remain paperwork rather than policy.

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