White House approves plan to remove 60-day H-1B grace period

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The White House Office of Information and Regulatory Affairs approved a Department of Homeland Security proposal (RIN: 1615-AD22) to eliminate the 60-day grace period currently granted to H-1B visa holders who lose their employment. Previously, this period allowed individuals to seek new employment, change visa status, or transition to H4 or F1 visas while remaining in the United States. The proposal, which was initially announced during the Donald Trump administration, mandates that workers must depart the country immediately upon losing their jobs.

Consequences

Critics including Vivek Wadhwa and Daniel Di Martino suggested the policy could increase employer leverage, potentially leading to suppressed wages and conditions likened to indentured servitude. Immigration attorney Steven Brown noted that the change could face legal challenges, and researchers argued it might paradoxically incentivize companies to favor H-1B employees further.

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