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Trump administration wants to eliminate the grace period for H-1B visa holder after job loss

According to a government announcement posted on Thursday, the Trump administration is proposing to eliminate a grace period of 60 days that allowed certain immigrants to remain in the U.S. and find a new employer after losing their jobs. This includes skilled workers on H-1B visas.

According to the proposed rule change published by the U.S. Department of Homeland Security in the Federal Register, those with H-1B visas and certain other temporary work permits would be required to leave the United States as soon as they finish their employment. This could cause a major blow to American tech companies who rely heavily on foreign employees.

This is the latest move by U.S. president?Donald Trump since he returned to office in January of 2025 to limit legal immigration. His administration also increased visa fees for skilled workers, and paused visa appointments in U.S. mission around the world while it implemented a new training programme.

DHS said in its proposal that the changes could cause some disruptions, but the jobs would be given to American workers. It added that in some cases, immigrants who have left their jobs could potentially apply again if they are petitioned by their employers.

The notice stated that "DHS assumes" that employers will either hire U.S. citizens who are equally qualified or file an I-129 petition based on the workforce requirements.

The 60-day grace is in place since 2017 and gives foreign workers the time they need to secure another U.S. position or take care of their affairs, such as selling a house or taking children out of school before leaving.

Gabriel Chin is a professor of law at the UC Davis School of Law. He said that many H-1B workers and their families had been living in Davis for years. "I don't see any legitimate reason for forcing them to leave just because they changed jobs."

VISAS ARE ESSENTIAL FOR TECH COMPANIES

H-1B visas were established in 1990 by the?Congress and are particularly important for tech companies that want to hire talent from India or China. They allow them to fill positions where there may be a shortage of qualified U.S. employees.

Top H-1B sponsors include consulting firms like Deloitte and PwC, as well as outsourcing companies like Tata Consultancy Services and Infosys.

Lawyers at Berardi Immigration Law, which specializes on business-related immigration issues, stated that the move "would sharply compress the time HR teams need to manage layoffs, and offboarding of foreign national employees."

Todd Schulte is the president of FWD.us. An immigration advocacy group.

The change will also affect holders of E-1 international traders visas, E-2 commercial vehicle operators visa holders, L-1'short-term employment for managers or executives with international?companies, O-1 visas to people who have "extraordinary abilities" in sports,?sciences, or the arts, and TN visas for professional workers.

This would also include H-1B1 visa holders from Singapore, Chile and E-3 visa holders in Australia.

Before the rule can be finalized, it will go through a public comment period of two months.

(source: Reuters)