US Proposes Ending 60-Day H-1B Grace Period
US authorities have proposed eliminating the discretionary 60-day grace period that allows H-1B and several other employment-based visa holders to remain in the United States temporarily after losing their jobs.
H-1B Workers Could Lose 60-Day Grace Period
Under current rules, eligible workers who lose employment can generally receive up to 60 consecutive days, or until the end of their authorised stay if sooner, to find a new employer, change immigration status or prepare to leave the country.
The Department of Homeland Security is now proposing to remove that provision entirely.
The change would affect workers in H-1B, H-1B1, E-1, E-2, E-3, L-1, O-1 and TN classifications, along with eligible dependents.
DHS Says Visa Status Should Remain Tied to Jobs
DHS argues that employment-based non-immigrant status should remain directly connected to the job or activity on which the worker’s admission to the United States was based.
The department also says removing the grace period would reduce administrative burdens associated with determining whether individual workers qualify for discretionary protection after employment ends.
If finalised, affected workers could face much greater pressure to secure new immigration status or leave the US soon after losing their jobs.
Proposed Rule Not Yet in Effect
The change is currently only a proposed rule and has not taken effect.
The proposal is scheduled for publication in the Federal Register on September 11, after which the public will have 60 days to submit comments.
Any final change would require completion of the federal rulemaking process.
The proposal could have significant implications for H-1B workers, including large numbers of Indian professionals employed across the US technology, engineering and other skilled sectors.
