A sub-committee advising the US President has recently recommended that the grace period for thousands of H-1B workers who were retrenched from their jobs be extended from the existing 60 days to 180 days. The objective of this extension is to provide these skilled foreign-born workers with adequate time to secure a new job or explore other options that allow them to stay in the country.
The H-1B visa is a non-immigrant visa that permits US companies to hire foreign workers for jobs that require theoretical or technical expertise. This visa is of paramount importance to many technology firms that rely on it to bring in tens of thousands of employees each year
Ajay Jain Bhutoria, a member of the President’s Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders, recommended the extension of the grace period for H-1B workers in light of the significant challenges faced by those laid off from their jobs. These challenges include the need to find new employment within a short timeframe, complete paperwork for transferring H-1B status, and deal with delays in processing at USCIS.
Bhutoria underscored the need to support highly skilled tech employees who he believes are critical to the economic growth of the United States. An extension of the grace period would give affected employees more time to navigate the complex and time-consuming process of finding new employment opportunities and transferring their H-1B status.
Members of the commission agree with Bhutoria and support the extension of the grace period. They recognise the importance of retaining highly skilled tech employees who contribute significantly to the US economy. The extension would help ensure that these skilled employees can continue to work without fear of losing their status.
The current 60-day grace period for H-1B visa holders presents several challenges when they are laid off from their jobs. They must find a new job within this tight timeframe, complete complex paperwork for transferring their H-1B status, and deal with delays in processing at USCIS. Failure to do so within 60 days would mean a violation of the terms of their non-immigrant visa.
However, if a new employer files a new H-1B petition for the visa holder within 60 days of their previous employer’s termination, the change of employer petition will typically be granted even if there was a gap in the employee’s H-1B status. Nevertheless, workers still encounter many barriers that make it difficult for them to maintain their status within the current 60-day grace period.
