H-1B workers in US might lose 60-day grace period
What's the story
The White House has completed its review of a proposal to end the 60-day post-employment grace period for foreign workers, including those on H-1B visas. The Department of Homeland Security (DHS) had submitted the proposal earlier this month to the Office of Management and Budget (OMB). If approved, it could leave thousands of skilled workers with little time to find new jobs or make arrangements to leave the US.
Potential consequences
Major impact on Indian H-1B visa holders
The proposal, if implemented, could have a major impact on Indian nationals who make up a large chunk of H-1B visa beneficiaries.
In the fiscal year 2024, Indian nationals accounted for 71% of successful H-1B applicants.
The exact details of the proposal will be revealed once it is published in the Federal Register and a public comment period is initiated.
Critique
Former White House adviser's take on proposal
Ajay Jain Bhutoria, a former White House adviser, has criticized the proposal to eliminate the grace period.
He said that removing it would leave highly skilled foreign workers with little time to respond to an unexpected termination.
Bhutoria suggested extending this period instead of eliminating it altogether.
"Eliminating the 60-day grace period is both inhumane and unworkable," he said.
Rule details
Current rules for non-immigrant workers
Under the current rules, certain non-immigrant workers and their dependents can stay in the US for up to 60 days after employment ends or until their authorized stay expires, whichever comes first.
This provision gives them time to find another employer, change their immigration status, or make arrangements to leave.
If finalized, the proposed change could end this buffer period for those whose employment ends before their authorized stay expires.
Rule scope
Proposed rule and individual cases
The proposed rule would apply to E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN categories of non-immigrant visa holders and their dependents.
If approved as is, it could end the grace period for certain foreign workers.
The DHS already has the discretion to shorten or deny this grace period in individual cases but has rarely exercised that authority.