The Office of Management and Budget (OMB) finished review of a proposal eliminating the 60-day grace period for nonimmigrants to find new employment or change status after losing their job. The next stage is publication in the federal register and opening to public comment. The exact details of the proposal aren’t available until publication.
Background
The Department of Homeland Security (DHS) concluded the present grace period during the later months of the Obama administration. It went into effect in January of 2017, shortly before President Trump took office. According to the rule, employees holding employment-based visas do not lose their status the moment they are dismissed. They may stay lawfully in the country for up to 60 days or until their authorized period of stay ends, whichever occurs first, as they look for a new sponsor or decide on what to do next. Although the DHS has always had the authority to shorten that period on individual cases, the agency has not done so frequently.
The proposal has not yet been published and therefore the details are still unknown. Since the present rule applies to a number of visa categories, it is expected to affect the H-1B, H-1B1, L-1, O-1, TN, E-1, E-2 and E-3 visas, as well as the dependents in those categories. This will encompass a major portion of the employment-based immigration system.
Next Steps
Nothing’s changed yet. The proposal still isn’t in the Federal Register and there isn’t a confirmed publication date. Afterwards, the public has a chance to give feedback on the proposal. Currently, there’s no concrete implementation timeline until the federal register publication.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.