Should the U.S. H-1B 60-Day Grace Period Disappear Under This New Rule?

U.S. immigrants who hold H-1B visas may be in for a big shake-up of the rules should the latest proposal from the U.S. Department of Homeland Security (DHS) come to pass.

The Trump administration's proposal would cancel the 60-day H-1B grace period for those who have lost their jobs.

According to the current law, qualifying H-1B workers who lose their jobs or otherwise find themselves in an unauthorized situation in the U.S., are allowed to stay in the U.S. for a maximum of 60 days or the end of the period for which the visa was approved if that runs out before 60 days has passed since the start of their employment.

This allows the affected person to search for a new job, request a change of status, or prepare to return to their home country.

The cancellation of this 60-day grace period would be especially devastating to Indian technology workers holding H-1B visas, who constitute the largest single group of H-1B workers in the U.S.

What Happens To An H-1B Holder When They Lose Their Job?

When an H-1B holder loses their job, or are otherwise placed in an unauthorized situation (such as being laid-off), they are only allowed to remain in the U.S. for the 60-day grace period mentioned earlier.

In this time, a worker who has lost their job can:

• Search for and find a new employer who will sponsor them
• Find a new immigration status if they do not wish to continue working with the new employer
• Make other personal and financial arrangements
• Prepare to return home if they cannot find any employment in the U.S.
• Removing the 60-day H-1B grace period would create an immediate immigration crisis for those who lost their jobs.

Why Indian IT Workers Might Be Especially Harmed By This Change

Indian IT professionals are among the largest contingents of H-1B visa holders.

These workers are often heavily reliant on the work visa and the employer-sponsorship that comes with it and may have little choice but to return home should they lose their jobs.

This means that any sudden change to the immigration laws pertaining to H-1B visas would affect Indian IT workers disproportionately.

The H-1B visa change is only the latest development in a series of changes to U.S. immigration laws that have negatively impacted H-1B holders and prospective employers.

Other classes of visas that would be impacted by this rule change include:

• H-1B
• H-1B1
• L-1
• O-1
• E-1
• E-2
• E-3
• TN

What Does This Rule Change Mean For H-1B Holders?

The primary concern with this proposed rule change is the immediate crisis of finding a new job that it will create for laid-off H-1B workers.

Currently, the 60-day grace period allows H-1B holders to search for a new job with a new employer, or to make other arrangements.

With the grace period being eliminated, workers who lose they job will find themselves in an illegal status immediately and, according to immigration lawyers, this will only create unnecessary hardship for these workers and their families.

Has The 60-Day Grace Period Already Been Cancelled For H-1B Holders?

This rule change is only a proposed rule at the moment. This means that the existing 60-day H-1B grace period remains in force, and the change outlined in the above blog post is only a proposed rule that is still subject to a public comment period before it can become a reality.

As such, H-1B holders should not assume that the 60-day grace period has been cancelled when in fact it has not.

What Can H-1B Visa Holders Do In The Meantime?

Workers who are affected by this rule change and who find themselves laid-off or otherwise in an unauthorized status should consult an immigration attorney to determine what their options are.

Depending on the situation, some of these options might include finding a new employer, finding a new status, or preparing to return home.

A major change is coming to U.S. immigration law that will profoundly affect H-1B visa holders, especially those who are employed in the technology sector and who are therefore most likely to be affected by this rule change.

This change will most likely have a disproportionately negative effect on Indian IT professionals who hold H-1B visas.

The fate of this proposed rule change remains to be decided, but it is certain that any such change will create hardship for those affected by it.