Trump administration proposes waiving grace period for H-1B holders after job loss
DHS says the change would require laid-off foreign workers to leave at once and could affect about 3,795 workers and 208,000 family members a year.
- On Thursday, the Trump administration formally proposed eliminating the 60-day grace period allowing foreign workers to remain in the United States after job loss, requiring affected individuals to depart "immediately" unless they have another legal basis to stay.
- Established under President Barack Obama, the grace period currently covers H-1B, L-1, O-1, TN and other employment-based visa categories. The Department of Homeland Security seeks to restore a "direct relationship" between a worker's immigration status and their employment.
- DHS estimates about 3,795 workers annually use the grace period to find new employment, while the proposal could affect more than 208,000 spouses and children whose immigration status ties to those workers.
- Former DHS official Adam Klein told Newsweek he was "stunned" by the proposal, saying it turns "an ordinary employment event, a layoff or termination" into "an immigration event." Those failing to depart risk enforcement actions including Notices to Appear.
- Following Federal Register publication, the proposed rule faces a 60-day public comment period before finalization. If enacted, the policy would mark a major shift for thousands of foreign professionals, potentially forcing immediate departures after job losses.
98 Articles
98 Articles
The department raises changes for H-1B and other visas: losing the job could leave without 60 days to find another sponsor
The DHS argues that the change would reduce the administrative burden and strengthen the link between immigration status and employment that allowed entry into the country.
DHS H-1B Proposal Reopens Questions About TxDOT Contractors
The Trump administration proposed on Friday, September 11, to eliminate the up-to-60-day grace period that can let H-1B and other employment-based visa holders remain in the United States after their qualifying employment ends, a national change that could affect workers employed by private contractors serving Texas agencies. The Department of Homeland Security published the proposed […]
Trump Moves to Completely Scrap the H-1B 60-Day Grace Period, Forcing Foreign Staff To Leave the US
Trump's administration has unveiled a DHS proposal to end the existing 60-day grace period for laid-off H-1B and other foreign workers, tightening the link between immigration status and employment.
Trump moves to end 60-day grace period for foreign workers who lose their jobs
BS BULLETIN: The Trump administration is proposing to eliminate the up-to-60-day grace period that allows certain foreign workers to remain in the U.S. after losing the job tied to their visa. The change would affect H-1B workers along with several other employment-based visa categories. DHS says the move would restore the expectation that foreign workers leave the country when the employment underlying their legal status ends. The Trump adminis…
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