A council formed by the president of the United States has suggested that the government of the country in question should expand the so-called “grace period” for H-1B visa holders who become unemployed, from sixty days to one hundred and eighty days. Should USCIS approve this change, foreign workers would have a longer period for hunting for new employment opportunities without being required to leave the country.
Its recommendation has been made by the President’s Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders and it deals with the issue faced by the H-1B visa employees who lose their jobs. Employment termination for workers under the current USCIS means that such a worker has only 60 days to find another job before he is compelled to leave the USA. This small amount of time can be very difficult, especially in a fluctuating economy because to maintain legal residency the person must find another employer who will sponsor the visa and complete the lengthy process of a visa transfer. Increasing the grace period to 180 days means holders of the visa could have sufficient time to get other employment to ensure that they still have legal status in the United States.
The proposal comes at a time when the tech industry, which employs many foreign workers, is experiencing significant layoffs. Recently, Meta (Facebook’s parent company) announced plans to lay off 10,000 employees, many of whom are on work visas. The collapse of Silicon Valley Bank (SVB) is also expected to lead to more job cuts in the tech sector, further affecting foreign workers and potentially leaving many in uncertain immigration situations.
While the extension of the grace period has not yet been finalized, many H-1B visa holders and immigration advocates are optimistic that this recommendation will lead to an official announcement and implementation by USCIS in the near future.
