US proposes replacing 60 days with goodbye
A DHS proposal would remove the discretionary grace period for H-1B and seven other employment-based categories. It is not law yet, and the document contains no Telangana-specific impact estimate.
The DHS proposal would remove the discretionary grace period if adopted; it is not yet law.
Diaspora | Explainer
The United States Department of Homeland Security has proposed removing the discretionary grace period of up to 60 days available to certain foreign workers after employment ends. The proposal covers H-1B, E-1, E-2, E-3, H-1B1, L-1, O-1 and TN workers, along with their dependants. (official proposed rule)
This is a proposal, not a final rule. Until any rule takes effect, the existing provision remains in place. If adopted, workers could be required to leave the US immediately after they stop maintaining the employment or activity linked to their status, unless another lawful route allows them to stay. H-1B workers could still use portability rules after a new, non-frivolous employer petition is filed. (official proposed rule)
DHS estimates that 3,795 workers across the affected categories annually had a new Form I-129 petition filed during the current grace period. Of these, 3,765—or 99.2%—were H-1B workers. The agency puts the median annual H-1B wage in its FY2025 data at $131,000 and gives $21,877 as an illustrative two-month wage figure, not a forecast of losses. (official proposed rule)
The notice says comments are due 60 days after Federal Register publication, but the accessed version still has a placeholder for the exact deadline. DHS also provides no India- or Telangana-specific impact estimate. Washington has managed to make job loss more urgent without yet deciding the rule. The paperwork is still taking comments.