WASHINGTON, Sep 11 (Alliance News): The Trump administration has proposed eliminating the 60-day grace period that allows certain foreign workers, including H-1B visa holders, to remain in the United States after losing their jobs while seeking new employment, according to a government notice published Thursday.
The proposed rule by the US Department of Homeland Security (DHS) would require H-1B and certain other temporary work visa holders to leave the country when their employment ends, potentially affecting major American technology companies that rely on skilled foreign workers.
The proposal is the latest move by President Donald Trump’s administration to tighten legal immigration rules. The administration has also introduced higher visa fees for skilled workers and recently paused immigrant visa appointments at US missions worldwide while implementing a new training programme.
DHS acknowledged that the proposed change could cause some disruption for companies but argued that affected positions could instead be filled by qualified American workers.
The current 60-day grace period, introduced in 2017, gives foreign workers time to find another eligible US employer or arrange their departure. It can also allow families to deal with practical matters such as housing and children’s schooling.
Gabriel Chin, a professor at the University of California, Davis School of Law, criticised the proposed change, saying many H-1B workers had lived in the United States for years and established communities there.
Visas critical for US technology sector
H-1B visas were established by Congress in 1990 and are widely used by US technology companies to recruit specialised workers, particularly from countries such as India and China.
Major consulting and outsourcing companies are among the leading H-1B sponsors.
Immigration lawyers said eliminating the grace period would significantly reduce the time available to companies and human resources departments to manage layoffs and departure arrangements involving foreign employees.
Todd Schulte, president of immigration advocacy group FWD.us, also criticised the proposal, saying the administration was making conditions increasingly difficult for immigrants and businesses that depend on them.
The proposed change would not be limited to H-1B workers. It would also apply to certain E-1 international trader visa holders, E-2 commercial vehicle operators, L-1 executives and managers, O-1 workers with extraordinary ability in fields including science, sports and the arts, and TN professional workers.
H-1B1 skilled workers from Singapore and Chile and E-3 specialty workers from Australia would also be affected.
The proposal will now undergo a two-month public comment period before the administration decides whether to finalise the rule.
