Key Takeaways
- The Trump administration has proposed ending a 60-day grace period for H-1B visa holders.
- This change would affect skilled workers and certain other temporary work visa holders.
- The move is part of broader efforts to limit legal migration under the Trump administration.
The Trump administration has proposed a significant change to the H-1B visa program, eliminating a 60-day grace period that allows certain immigrants, including skilled workers, to stay in the United States after losing their job. This change, published in the Federal Register, would require these workers to leave the country immediately upon job loss.
According to a government notice, the proposed rule change would impact H-1B visa holders, as well as those with certain other temporary work visas such as E-1, E-2, L-1, O-1, and TN. The grace period, which has been in place since 2017, provides foreign workers with time to find another U.S. job or settle their affairs before leaving the country.
Tech companies, which rely heavily on foreign workers, could face disruptions if the change is implemented. The Department of Homeland Security (DHS) noted that the jobs could potentially go to American workers instead, or the immigrant workers could reapply if their employer petitions for them.
In a statement, DHS wrote, 'DHS presumes that they will either offer the same jobs to equally qualified U.S. workers or go through the I-129 petition process depending on their workforce requirement.' This move is part of a broader effort by the Trump administration to limit legal migration, following the president's return to office in January 2025.
The proposed change would also affect E-1 international trader visa holders, E-2 commercial vehicle operator visa holders, L-1 short-term work for executives or managers with international companies, O-1 visas for people with extraordinary ability, and TN professional workers. It would also impact H-1B1 skilled worker visa holders from Singapore and Chile and E-3 specialty worker visa holders from Australia.
The rule is subject to a two-month public comment period before it can be enacted into law. Lawyers for Berardi Immigration Law, which specializes in business-related immigration issues, said the move would 'sharply compress the timeline HR teams have to manage layoffs and off-boarding for foreign national employees.'
