Indian American community leader Ajay Bhutoria has condemned a Department of Homeland Security proposal that would eliminate the 60-day grace period available to certain foreign workers after losing their jobs, calling the move harmful to immigrant families and the U.S. economy.
The proposed DHS regulation, identified as RIN 1615-AD22, would affect nonimmigrant workers including those on H-1B, L-1 and O-1 visas. The proposal is currently under review by the Office of Management and Budget and has not yet taken effect.
Under current rules, eligible workers whose employment ends can generally remain in the United States for up to 60 days, or until the end of their authorized validity period, whichever comes first. The period gives workers time to seek new employment, transfer their visa status, change to another lawful status or prepare to leave the country.
READ: H-1B workers could lose 60-day grace period under proposed DHS rule (August 8, 2026)
Bhutoria, a former adviser to the Presidential Advisory Commission on Asian Americans, Native Hawaiians and Pacific Islanders, said eliminating the protection would leave workers with little time to manage employment, immigration and family obligations.
“I strongly condemn and slam this proposed DHS policy. Eliminating the 60-day grace period is inhumane and unworkable,” Bhutoria said. He said the existing 60-day period is already difficult for workers in specialized fields because recruitment can involve multiple interviews, background checks and immigration paperwork.
Bhutoria said he previously advocated extending the grace period to 180 days while serving on the White House AANHPI Commission. In March 2023, he presented a recommendation calling for the longer period, citing the time required to complete hiring and visa-transfer procedures for technology and engineering positions.
He also warned that ending the grace period could create wider disruptions for families.
“People will not even have time to sell their homes, manage their leases, or transition their children out of schools,” Bhutoria said. “Families will be uprooted overnight, thrown into chaos through no fault of their own after dedicating years of hard work and tax contributions to this country.”
READ: US to charge $4,000 H-1B, $4,500 L-1 fees for certain visa extensions (August 10, 2026)
Indian nationals are particularly exposed to changes affecting the H-1B program. They accounted for about 71% of successful H-1B applicants in fiscal 2024, according to figures cited in recent reports.
Bhutoria urged DHS and the administration to withdraw the proposal and instead consider a 180-day grace period. He also called on South Asian community organizations, business leaders and advocacy groups to prepare comments if the proposal is formally published in the Federal Register.
The proposal would still have to go through the federal rulemaking process before any changes could take effect. Until then, the existing 60-day grace period remains in place for eligible workers.