The CEO of an immigration firm in Seattle, Xiao Wang, questioned the DHS proposal to eliminate the 60-day grace period allowed to job visa holders in case they get laid off and asked whether the US is ready to deport foreign doctors who might lose jobs if their hospital shuts down, or senior AI engineers who might lose jobs if their startup folds up. Wang said both of these people can readily find jobs but th new proposal does not allow them any time to look for another job; but they have to pack up their bags and leave the US.“Imagine losing your job and being told you may also need to leave the country immediately: leases, mortgages, kids’ school, years or decades of your life all instantly upended. That’s what could happen to thousands of foreign workers under a new DHS proposal that would eliminate the 60-day grace period for H-1B and various other employment-based visa holders,” Wang said.“Right now, that grace period gives workers whose employment ends up to 60 days to figure out what comes next, whether that’s finding a new employer, changing status, or making plans to leave the U.S. For most folks looking for a job right now, even 60 days is not a lot of time to find a new job, especially when you need an employer willing to sponsor your visa,” Wang said, explaining that the existing grace period is also inadequate.“If the rule is finalized as proposed, workers whose employment ends would generally be expected to leave the U.S. at once unless they have another lawful basis to stay. It could also make it harder for US companies to hire and hold on to global talent due to perceived risk,” Wang explained the possibilities if the proposal became a rule.“The good news is nothing has changed yet. This is still a proposed rule, and the 60-day grace period remains in place for now. But it’s yet another signal from this administration to be unreasonable to the detriment of people’s lives and overall economic prosperity,” he said.Wang presented two scenarios as thought experiments:
- Do we really want to deport foreign doctors due to their hospital shutting down a particular specialty without giving them time to find a new job (which they could readily find)?
- Do we really want to deport senior AI engineers right now just because they picked the wrong startup without giving them time to find another job (which they could also readily find?)
The proposal for the elimination of the 60-day grace period is applicable to E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN classifications along with their dependents.
