H-1B 60-Day Grace Abolition: 80% in Opposition

H-1B workers face proposed rule change

The proposed rule to abolish the 60-grace period for H-1B holders is now in its public comments phase. The federal government is asking the public for comments on this proposition until November 10th.

The regulation will invalidate an H-1B holder’s visa if they fail to maintain employment. The current rules give H-1B holders 60 days to find a new job, and this rule would remove that grace period.

Meaning that workers would have to leave the US immediately upon job loss.

The proposal has received over 22,000 comments in just ten days. Analysis of the comments show that a massive majority of 80% of commenters are in opposition of this proposed rule.

The strongest argument in opposition is that sudden visa loss is catastrophic. Having to leave immediately gives no time to find new employment, or make arrangements for US citizen children.

Some commenters are in support of the rule, stating that the 60-window was implemented in 2017. The argument is that the window disconnects legal status from its basis in employment, and affects American workers.

The comment period shows a massive opposition of this new proposal. Yet, the actions of the Trump administration in the past year makes it unsure if the comments will be considered.

While the comment count can be used as evidence in court if the rule is challeneged, many people believe that the decision may already be made.