DHS Reveals Details of Axing H-1B Visa Holders' Grace Period
Trump proposes ending a key visa grace period, a move DHS says could affect nearly 3,800 workers and 208,000 relatives.
The Trump administration has proposed scrapping a longstanding immigration policy that grants foreign workers a 60-day grace period after losing their jobs, potentially forcing them to depart the United States immediately. By eliminating this discretionary grace period, aliens in certain nonimmigrant classifications would be required to leave the country the day after their employment ceases.
The Department of Homeland Security (DHS) estimates that approximately 3,795 workers annually, primarily H-1B visa holders, utilize the grace period to seek new employment following a layoff or resignation. The proposed rule could also impact over 208,000 spouses and children whose immigration statuses are linked to their working spouses.
Established under President Barack Obama, the grace period currently applies to H-1B, L-1, O-1, TN, and several other employment-based visa categories. DHS contends that removing the grace period would establish a direct correlation between a worker's immigration status and their employment. However, the agency acknowledges that this proposal could affect workers, employers, and families who have built their lives around the current policy.
Despite considering potential impacts on these stakeholders, DHS believes the negative effects on the legal immigration system outweigh any potential benefits to employers, foreign nationals, and the broader community. Adam Klein, a co-founder of Globali.ai and former DHS official, expressed shock at the proposal, stating that it transforms an ordinary employment event into an immigration event for workers and their families.
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