The US Citizenship and Immigration Services appears to be tightening its approach to the 60 day grace period for work visas. This provision covers categories such as H-1B, O-1 and L-1. Recent developments suggest that the benefit is being treated as discretionary rather than automatic.
Immigration attorney Emily Neumann shared a denial notice on X highlighting the issue. The case involved a change of status petition filed within 60 days after job termination. However, USCIS rejected it, stating that the applicant failed to prove eligibility for a favourable exercise of discretion.
The 60 day grace period was introduced in 2017 to support high skilled workers. It allowed visa holders time to find new employment or adjust their status after losing a job. For several years, petitions filed within this window were rarely questioned.
Now, reports indicate a rise in denials, Requests for Evidence and even Notices to Appear for applications submitted during the 60 day period. If this trend continues, affected workers could face unlawful presence issues, re entry bans or removal proceedings.
Indian tech professionals may feel the impact more sharply due to long green card backlogs. Many rely on the grace period to transition between employers. Critics argue that the stricter interpretation does not address fraud but narrows pathways meant to provide stability.
As scrutiny increases, visa holders and employers are advised to document compliance carefully. The situation highlights the importance of understanding that the 60 day grace period may no longer function as a guaranteed safeguard.
