US Administration Plans to Eliminate 60-Day Extension for H-1B Work Visa Holders
The Trump administration aims to eliminate the 60-day period that allows H-1B and other temporary work visa holders who lose their jobs to remain in the country to find a new sponsor.
According to a new government bill prepared by the US administration, the 60-day grace period that allows individuals with H-1B and similar temporary work visas to stay in the country and look for a new sponsor if they lose their jobs is planned to be terminated.
Government Announcement and Scope of the New Regulation
According to the official announcement published by the US Department of Homeland Security on the Federal Register, holders of H-1B and certain other temporary work visas will be forced to leave the country as soon as their employment contracts end.
This planned rule change has the potential to deal a significant blow to leading American tech companies that heavily rely on foreign labor.
Recent Steps in Immigration Policies
This bill came to the agenda within the framework of the policies of US President Donald Trump, who has taken steps to limit legal immigration since returning to office in January.
The administration had previously introduced higher visa fees for skilled labor and temporarily suspended immigrant visa appointments at US missions worldwide while implementing a new training program.
Impacts on Companies and the American Workforce
In the bill it prepared, the Department of Homeland Security stated that companies affected by this change may experience some disruptions, but that this could steer these jobs toward American workers.
The department stated in its announcement that it anticipates employers will offer the same jobs to equally qualified US workers or apply to the I-129 petition process, depending on workforce requirements.
Importance of the Extension in Place Since 2017
The 60-day extension, in effect since 2017, provided foreign workers with the opportunity to find another US job or sort out their affairs before leaving the country.
Established by Congress in 1990, H-1B visas are critical for tech firms looking for talent from countries like India and China to fill the shortage of qualified US workers.
Views of Affected Companies and Legal Experts
Consulting firms such as Deloitte, PwC, and Ernst & Young, along with outsourcing giants like Tata Consultancy Services, Infosys, HCL Tech, and LTIMindtree, are among the largest H-1B sponsors.
Berardi Immigration Law attorneys state that this move will drastically narrow the timeline in which human resources teams have to manage layoff and offboarding processes for foreign national employees.
Other Visas Within Scope and Legal Process
If implemented, this rule change will have a broad impact, also covering holders of E-1, E-2, L-1, O-1, TN, H-1B1, and E-3 visas.
The rule in question is subject to a two-month public comment and review period before becoming law.