Laid off? Sorry, your American dream may have a 60-day expiry window

The US Department of Homeland Security (DHS) is proposing a rule that would eliminate the 60-day grace period for H-1B workers and other legal nonimmigrants in the United States. This would leave these individuals with only 60 days to find another sponsor, change their status, or prepare to leave the country after their employment ends.

The proposed rule, RIN 1615-AD22, is currently under review by the White House office of information and regulatory affairs. If implemented, this rule would have significant consequences for highly skilled foreign workers in America, many of whom are from India. These workers often have established lives in the US, including homes, mortgages, taxes, and families, making the threat of losing their jobs and status a significant blow.

The proposal is seen as a move to make legal immigration more precarious, fitting a broader pattern of stricter immigration policies under the Trump administration. Supporters of the proposal argue that H-1B visas are temporary and that workers should not be allowed to remain on a visa once their job ends. However, critics argue that people are not disposable and that the grace period was not intended to be a permanent immigration policy.

The proposed rule highlights the complex relationship between employers and highly skilled foreign workers in the US, as well as the broader debate over immigration policy.