Washington: The Trump administration has proposed eliminating the 60-day grace period that allows H-1B visa holders and certain other foreign workers to remain in the United States temporarily after losing their jobs.
Importantly, the change is still a proposal and has not yet taken effect. The existing grace period remains available while the rule undergoes a public-comment and regulatory-review process.
Under the Department of Homeland Security proposal, affected workers would generally be expected to leave the United States immediately after their qualifying employment ends, unless they have another lawful basis to remain in the country.
What the current rule allows
The existing provision grants eligible workers a discretionary grace period of up to 60 consecutive days—or until their authorised stay expires, whichever comes first. During this period, workers may search for another sponsoring employer, request a change of immigration status or prepare to leave the country.
The protection has been available since January 2017 to people holding H-1B, E-1, E-2, E-3, H-1B1, L-1, O-1 and TN status.
What would change?
If the proposal is finalised, workers in these categories could begin failing to maintain their non-immigrant status from the day after their employment ends. Their dependants could also be affected.
A worker who secures another qualifying job may still be able to seek readmission after obtaining the required petition approvals. However, removing the grace period would sharply reduce the time available to manage layoffs, change employers or make arrangements involving housing, schools and family members.
DHS argues that the change would align immigration status more closely with the employment on which it is based and reduce the administrative burden on US Citizenship and Immigration Services. The department acknowledged that the proposal could increase departures following job losses.
Indian professionals could face major impact
The proposal could have significant consequences for Indian technology and consulting professionals, as American companies and Indian outsourcing firms are among the leading sponsors of H-1B workers.
Employers could also face pressure to complete transfers and offboarding procedures much faster following layoffs. The proposed rule is expected to undergo a two-month public-comment period before the administration can move towards finalising it.
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