US Proposes Ending 60-Day H-1B Grace Period

The Trump administration has completed its review of a proposal to eliminate the discretionary 60-day grace period available to H-1B and other foreign professionals after their employment ends.

This proposal, titled “Eliminating the Discretionary 60-day Grace Period”, was submitted to the White House Office of Information and Regulatory Affairs on August 6 and cleared the review process with changes on August 27.

The existing 60-day protection allows eligible workers to find another employer willing to sponsor them, seek a change of immigration status, or prepare to leave the United States. It covers people holding H-1B, L-1, O-1, and several other temporary employment visas.

Indian nationals, who constitute the largest group of H-1B beneficiaries, could face particular uncertainty if the administration proceeds with the proposal. Ajay Jain Bhutoria, a former member of the President’s Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders, condemned the proposed change.

Bhutoria called for the existing grace period to be extended rather than eliminated, stating that eliminating the 60-day grace period is both inhumane and unworkable. He warned that affected families may not have sufficient time to manage their homes, children’s education, and other personal matters after an unexpected termination.

The next step would be the publication of the proposed rule in the Federal Register, followed by a public comment period. The Department of Homeland Security would then have to consider the comments and issue a final rule before any change could take effect.

The proposal carries Regulatory Information Number 1615-AD22 and is being developed by US Citizenship and Immigration Services. The regulatory record describes it as a proposed rule that is not economically significant and has no legal deadline.

The current regulation provides a window for affected workers to find another employer or prepare to leave the United States. The proposed change could leave thousands of law-abiding individuals with zero time to wrap up their lives.

The Trump administration's proposal has raised uncertainty for thousands of Indian workers and their families. The outcome of this proposal will be closely watched by the Indian community in the United States.

In conclusion, the proposal to eliminate the 60-day grace period for H-1B and other foreign professionals has significant implications for Indian workers and their families. The Trump administration's decision will have far-reaching consequences for the lives of thousands of individuals who are currently living and working in the United States.