White House approves ending 60-day grace period for H-1B visa holders

White House office approves DHS plan of scrapping 60-day grace period for H-1B visa holders.

H-1B visa holders in the US used to get a 60-day grace period to stay in the US once they lose their jobs. This grace period has been a cushion to help H-1B visa holders look for another job, figure out what to do next, change status to a tourist to continue staying in the US legally, or to change to H4 (spouse of H-1B) or F1 ( student visa) accordingly. The Donald Trump administration earlier announced that it will be doing away with the grace period; meaning H-1B visa holders will have to leave US if they lose their jobs and go back to their home country as they figure out what to do next. The proposal ha snow received a key approval of a White House office and will be released soon. Bloomberg reported that the Department of Homeland Security proposal (RIN: 1615-AD22) cleared review at the Office of Information and Regulatory Affairs on Thursday. Indian-American entrepreneur Vivek Wadhwa said this is the scariest situation possible for H-1B visa workers. "It pushes them further into indentured servitude and gives unscrupulous employers even more leverage. It widens wage disparities, suppresses bargaining power, and hurts both H-1B and American workers. And Big Tech won't lobby against it; only strengthens their leverage," Wadhwa said. Immigration researcher Daniel Di Martino said companies will now prefer H-1Bs even more. "This proposed rule will make the H-1B visa more like indentured servitude because job changes will become more difficult. This undercuts the administration's stated goal of helping put Americans on a level playing field with foreign workers. Companies will prefer H-1B even more," he said. "Not only do I personally think this will run into some legal hurdles, but all the people that complain about the H-1B program because “workers are much more willing to put up with whatever or have to leave” should be opposed to this regulation. Having a small off ramp not only comports with the ideals of AC21, it also allows employees flexibility and safeguards that protect them," immigration attorney Steven Brown said.

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