USCIS and DHS have proposed eliminating the up-to-60-day discretionary grace period for certain employment-based nonimmigrant visa holders after their employment ends. If finalized as written, the proposal would affect workers in categories including H-1B, H-1B1, L-1, O-1, TN, E-1, E-2, and E-3, as well as their dependents. Instead of having up to 60 days to find a new employer, change status, or make other arrangements, affected workers could generally be expected to depart the United States immediately after qualifying employment ends unless they are otherwise authorized to remain.
In this video, immigration attorney Joseph Tsang explains what the proposed 60-day grace period rule change could mean for H-1B workers and other work visa holders, why job loss could become much more serious, and what both employees and employers can do to prepare. We also discuss backup sponsorship, H-1B transfers, change of status, Form I-129, and fast-track hiring strategies for companies that employ foreign workers.
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This was the intention of the law, Obama created this rule, they are rolling back to the original law. As an American unemployed Software Engineer I support this. That narrative that there is no talent in the US is false.
Good bye 7-Eleven workers. It's ridiculous to claim these people are so essential to the US labor market.
Is India really that bad that these people will stay in a place where they’re not welcome, and will taking a hit to their dignity and self respect?
You came on work visa, there is no more work for you then go back to the place where you came from.
Need to depirt more indians
Loosing U.S citizenship is freedom.
I am not sure what the big deal is. This was always the case before 2017.
Employers are not willing to find other employers for the employees they fire 🤣🤣🤣 what a delusion!
This is not practical. I think this is the end for regular H1B visas .
Nope Bye.. if they don’t want you they don’t want you, bye end of story. #ICE #WhiteHouse #DHS
This gives more control to Indian consulting companies. They will switch to Indian consulting the week of change. The company will ask for more to generate payslips. Look at the money movement. The employee will be paying the employer to generate the fake payslips and pay taxes on minimum possible wages.
People abused the system. Employers had years to clean it up, it got worse. These are the consequences. Good luck.
Discretionary…
Why don't you try helping Americans who need jobs that were stolen by immigrants?
How would this work for someone changing jobs now?
This could change how foreign workers plan their careers.
Would changing employers become harder under this proposal?
What if a worker has several interviews already scheduled?
Could this change affect where workers choose to work?
The backup sponsor idea is worth thinking about early.
This could make immigration planning part of career planning.
What if the perfect new job takes several weeks?
What should a worker do before accepting a new offer?
How would someone handle a sudden company shutdown?
This puts a lot more pressure on workers during layoffs.
The advice about planning ahead was especially helpful.
Employers may need to rethink how quickly they can hire.
Would immigration lawyers see more urgent cases after layoffs?
Some workers may need an immigration plan before job hunting.
Thank you for explaining the practical side of this proposal.
What should workers discuss with HR before trouble starts?
Are there ways to prepare before a job ends?
Could companies keep immigration counsel ready for emergencies?
The impact on families could be easy to overlook.
The issue is people use the 60 day grace period to transfer to a B2 visa and stay in the US for another 6 months to find a job. This is wrong and I am glad DHS is fixing this loophole.
This proposed change could create real pressure for workers.
How can workers protect their immigration status during layoffs?
Would a new employer need to move immediately?
Thank you for covering the employer side too.
Could this push more workers to leave the U.S.?
Could workers prepare documents before anything happens?
Would Form I-129 need to be filed immediately?
Could backup sponsorship really save someone in time?
Could employers create a faster transfer process?
How quickly could an H-1B transfer be filed?
How would dependents be affected if the worker loses status?
How should workers prepare before a possible layoff?
What should someone do the day they lose employment?