US reviews plan to end 60-day grace period for foreign workers to find new jobs, Pg12

Key Highlights:

• The U.S. is reviewing a proposal to eliminate the 60-day grace period for foreign workers on non-immigrant visas who lose their jobs.
• This proposal, from the Department of Homeland Security, is currently under review by the Office of Management and Budget.
• If finalized, the change would require certain non-immigrant visa holders and their dependents to leave the country immediately after job loss.
• The 60-day grace period was initially introduced in 2017 to provide a window for foreign workers to find new employment.

US 60 day.jpg

Detailed Insights:

• The existing 60-day grace period allows non-immigrant workers to remain in the U.S. for up to two months after employment cessation to seek new jobs.
• This provision was established in 2017 to enhance job portability for highly skilled non-immigrants.
• The proposed elimination would affect holders of E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN non-immigrant visas and their dependents.
• Immigration consultants note that the Department of Homeland Security has the discretion to modify or refuse the grace period, though it has rarely done so.
• The potential change could significantly impact foreign workers, particularly those from countries like India, who heavily utilize these visa categories.
• The review by the Office of Management and Budget indicates the proposal is moving through the federal regulatory process.

Key Concepts Involved:

• Department of Homeland Security (DHS): A U.S. federal executive department responsible for public security, including immigration enforcement and border control.
• Office of Management and Budget (OMB): The largest office within the Executive Office of the President, responsible for overseeing the federal budget and reviewing federal regulations.
• Non-immigrant visas: Temporary visas for foreign nationals to enter the U.S. for specific purposes like work, study, or tourism, without intending permanent residency.
• E-1 Visa: For treaty traders engaged in substantial trade between the U.S. and a treaty country.
• E-2 Visa: For treaty investors making a substantial investment in a U.S. business.
• E-3 Visa: For Australian citizens working in specialty occupations.
• H-1B Visa: For foreign workers in specialty occupations requiring a bachelor's degree or higher.
• H-1B1 Visa: A treaty-based work visa for professionals from Chile and Singapore in specialty occupations.
• L-1 Visa: For intra-company transferees (managers, executives, or specialized knowledge employees) from foreign offices to U.S. offices.
• O-1 Visa: For individuals with extraordinary ability or achievement in sciences, arts, education, business, or athletics.
• TN Visa: For Canadian and Mexican citizens to work in specific professional occupations under the United States-Mexico-Canada Agreement (USMCA).