The U.S. Department of Homeland Security (DHS) has recently proposed ending the 60-day grace period that allows some immigrants to remain in the United States after losing their job. Alejandro Mayorkas, the Secretary of Homeland Security, has stated that temporary work visa holders, such as H-1B visa holders, must leave the country immediately if they lose their job. This proposal was filed on September 10 and is set to be officially published in the Federal Register on September 11.
Visa Conditions and Requirements
The H-1B visa is tied to employment and is sponsored by a company for an employee. Some of these visas are granted only to workers with specialized skills. DHS initially offered this grace period to encourage unemployed immigrants to remain in the United States and seek legal status or another job. However, Mayorkas noted that lawmakers have not sufficiently considered the negative impacts of this grace period, such as the pressure on immigration officers to process additional documentation during this time.
Consequences and Impacts
According to DHS, this change could result in thousands of jobs going unfilled by skilled foreign workers. The department assumes that companies looking to fill these positions will either offer the same jobs to equally qualified American workers or proceed through the I-129 application process. In some cases, immigrants who have left the country may be able to return to the United States for re-employment if their filed I-129 application is approved and they are eligible for entry. Although these applicants may experience a temporary decline in productivity, they may be able to attract American workers for positions that were generally offered to non-immigrants during the grace period.
The proposed rule will be available online starting September 11, and stakeholders will have 60 days to comment on it. Officials will then decide whether to finalize it and potentially take action with changes in response to the comments.
