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H-1B Worker Grace Period After Layoff Nixed in DHS Proposal (1)
news.bloomberglaw.com • • nation
Key Points:
- The Department of Homeland Security (DHS) has proposed eliminating the 60-day grace period that allows foreign workers on H-1B and other visas to find new sponsors after job loss, a policy in place since 2017.
- Without the grace period, foreign workers who lose their jobs would have to leave the US immediately and apply for new visas at American embassies or consulates abroad, shifting processing burdens to the already strained State Department.
- The DHS argues that removing the grace period will reduce administrative burdens and reinforce the link between a worker’s immigration status and their employment, despite acknowledging the negative impact on workers who have invested in their communities.
- Data from DHS shows that only a small percentage of affected workers (around 7.7%) successfully find new sponsorship or extend/change their status within the 60-day window, which the agency uses to justify the proposed change.
- Critics, including immigration lawyers, warn that eliminating the grace period will increase financial burdens on employers and hinder companies’ ability to quickly rehire skilled foreign talent, potentially disrupting industries reliant on such workers.
