The Department of Homeland Security is advancing a proposal that would eliminate the 60 day grace period H-1B workers currently get to find new employment after losing a job. The proposed rule, listed under regulatory identifier RIN 1615-AD22, has moved to the White House Office of Information and Regulatory Affairs for review, a required step before any final rule can be published.

Under the current system, finalized in 2017, H-1B workers who lose their jobs get up to 60 consecutive calendar days, or until their current visa validity period ends, whichever is shorter, to find a new sponsoring employer, switch to another visa status, or leave the country. The clock starts the day after the worker’s last day of employment.

Immigration attorneys say the grace period has become a critical safety net for skilled foreign workers, particularly during rounds of layoffs at technology and consulting firms where H-1B holders make up a large share of the workforce. Losing that window would force workers to scramble immediately, often within days, to secure a new job offer and file transfer paperwork or risk falling out of status.

The proposal has not been finalized, and it is unclear how long the regulatory review will take or whether the rule will change further before publication. DHS has not detailed its reasoning for the proposed change in public statements so far.

For the hundreds of thousands of H-1B holders in the United States, many of them Indian nationals working in technology and engineering roles, the proposal adds fresh uncertainty to an already tightening visa environment. Immigration lawyers are advising clients to review their status and contingency plans while the rule works through the federal review process. Industry groups representing tech employers say they plan to file comments opposing the change once the proposal is formally published for public review.