The grace period is on the chopping block

DHS published a notice Friday proposing to scrap the rule that lets H-1B and other visa holders stay up to 60 days after losing a job. The White House has signed off.

Removable the moment you're fired

Under the proposal, a foreign worker would be considered immediately removable from the U.S. once they stop working for the employer tied to their status.

“restores a direct relationship between an alien's nonimmigrant status and the specific employment or activity that formed the basis of his or her admission”

A decade-old rule, undone

The grace period took effect in early 2017, in the closing days of the Obama Administration. Public comments run for 60 days before DHS can adopt the change.

Far more than H-1B holders

The cushion also covers E-1, E-2, L-1, O-1 and TN visas, plus H-1B1 for Chilean and Singaporean workers and E-3 for Australians.

DHS says Americans would get the jobs

About 4,000 workers a year use the window, over 99% of them on H-1Bs. DHS argues employers would simply hire equally qualified U.S. workers or reassign the work.

“DHS assumes that almost all these entities would offer the same jobs to equally qualified U.S. workers”

Families get swept along

FWD.us counts roughly 730,000 H-1B holders in the U.S. plus 550,000 spouses and children whose status rides on the worker's. DHS says the harm of the grace period outweighs the benefit to them.

“the harm of the up to 60-day discretionary grace period outweighs the potential benefit it provides”

One more squeeze on H-1B

The lottery is now weighted toward higher-paid workers, and after a court blocked a $100,000 employer fee, the Administration proposed a $103,265 fee on certain petitions in August.