A proposed rule by the US government could remove the 60-day grace period currently available to H-1B visa holders and several other temporary workers after they lose their jobs. If the proposal is approved, affected workers may have to leave the United States immediately and would generally not be able to change their immigration status or switch employers from within the country unless the US Citizenship and Immigration Services (USCIS) decides to forgive the lapse in status. According to a Bloomberg report, the proposal is currently under review.
What the proposed H-1B visa rule could change
The proposal is currently being reviewed by the Office of Management and Budget (OMB). Once the review is complete, it will be published in the Federal Register for a public comment period of 30 to 60 days before any final decision is made.If the rule is finalized, foreign workers whose employment ends before their visa period expires would generally no longer be considered to be maintaining lawful status. As a result, they would be required to leave the US immediately and would not be allowed to change employers or switch to another visa category while remaining in the country, unless USCIS exercises its discretion to excuse the lapse in status.
Who is covered by the current grace period
The current 60-day grace period was introduced in 2016 and took effect in early 2017. It applies to several categories of temporary workers, including those on H-1B, H-1B1, L-1, O-1, TN, E-1, E-2 and E-3 visas, along with their eligible dependents.Under the existing rule, workers who lose their jobs can remain in the US for up to 60 days, or until their I-94 expires, whichever comes first. During this period, they can look for a new employer, apply for a change of visa status, or prepare to leave the country. The grace period applies whether a worker resigns or is laid off.
What happens next
The proposal is still under federal review and has not been published in full. Once it is released, the public will be able to submit comments before the government decides whether to finalize the rule.If adopted, the regulation would mark a major change for H-1B workers and other temporary visa holders by removing the current buffer period that allows them to remain in the US after losing their jobs while exploring other immigration or employment options.
