Three US Visa Rules Close for Comment This Month. What Do They Mean If You Employ Indian H-1B Staff?

The US government wants to make it harder for H-1B workers to stay in the US between jobs and at renewal time. Three proposed rules from the Department of Homeland Security (DHS) close for public comment between 9 and 13 November 2026, according to their Federal Register notices below.

None of them is law yet.

Together, though, they raise the risk on every Indian H-1B employee you have. So plan a fallback now.

For most companies that fallback is to keep the person by employing them in India, and the best EOR in India can make that offer the same working day.

Remunance is not an immigration adviser, so take individual cases to your immigration counsel.

What Are the Three Proposed US Visa Rules?

An end to the 60-day grace period, an end to deference on extensions, and new fees for student work permits. Here is each one, with its official notice:

What Happens to the 60-Day Grace Period?

It would go. Today a worker whose job ends can get up to 60 days to find a new sponsor, change status or leave.

Under the proposed rule, they would generally have to leave the US right after their qualifying job ends, unless they are otherwise allowed to stay.

That matters most after a layoff. A worker who loses a job would have almost no time to find the next one.

Why Does the Deference Change Matter?

Because every extension would get a fresh review. DHS itself estimates that about 208,429 petitions a year are eligible for deference today, according to the published notice.

The same notice expects about 6,044 more requests for evidence a year. Petitions that get one take 64 days longer, with a median of 76 days against 12.

More delay means more uncertainty for your employee and your project.

Why Would Indian Employees Feel These Rules Most?

Because they hold most H-1B visas. India-born workers received 71% of the roughly 399,000 H-1B petitions approved in FY2024.

They also received about 79% of approvals for continuing employment, which includes extensions. That is from USCIS data reported by IANS on 2 November 2026.

Many are already heading home. 15,100 Indian tech professionals returned from the US in 2025, up from 9,800 in 2024, according to Business Standard’s report on Xpheno data. We covered that shift in our piece on India’s brain circulation push.

What Should You Do Now If You Employ Indian H-1B Staff?

Map your exposure, then set up a fallback in India before you need it.

1. List every H-1B employee with an extension due in the next 12 months: those are the people the deference rule would hit first.
2. Ask your immigration counsel about commenting: comments go through regulations.gov before each deadline.
3. Price an India fallback for each role: use the EOR cost calculator for India to see the monthly cost.
4. Agree the plan with the employee early: if an extension fails or a layoff comes, move their employment to India instead of losing them.

For the fee story, see our $100,000 H-1B fee update.

Can You Keep an Employee Who Has to Leave the US?

Yes. Move their employment to an employer of record in India, which becomes their legal employer there and runs payroll, PF, ESI and TDS.

They keep their role and manager, and you keep their IP. Our guide explains how to keep an employee who is moving back to India, step by step.

How Does Remunance Help You Keep Indian Talent When US Visas Get Harder?

Remunance is the best EOR in India for keeping Indian staff whose US visas are at risk. Our founding team has run payroll and hiring in India for 22+ years, first as Remunance Systems, which was later acquired by ADP. We have hired 1,200+ employees for clients across 34 Indian cities, and Corporate Connect named us India’s Best EOR Service Provider 2024.

We employ your people in India from USD 99 a month, send offers the same working day, and hire replacements at 9% of CTC. See our EOR pricing for India.

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