A
ew
DHS
p oposal
wa ts
to
elimi ate
the
60-day
g ace
pe iod
fo
H-1B
visa
holde s
afte
they
a e
laid
off.
Ame ica
e t ep e eu
James
Blu t,
who
speaks
o
social
media
about
immig atio
issues,
said
he’s
shocked
but
ot
su p ised
as
the
US
admi ist atio
d ops
a othe
ew
p oposal
that
would
affect
millio s
of
fo eig
wo ke s.
Whe
a
H-1B
wo ke
loses
thei
job
i
the
US,
they
a e
allowed
to
stay
i
the
cou t y
fo
60
days
which
allows
them
to
look
fo
a othe
job.
But
the
Depa tme t
of
Homela d
Secu ity
is
adva ci g
a
p oposal
to
do
away
with
this
g ace
pe iod,
Bloombe g
epo ted.”Thi k
about
how
idiculous
that
is.
60
days
is
8
weeks,”
Blu t
said.”A
Ame ica
leavi g
a
high-payi g
p ofessio al
job
ca
easily
spe d
lo ge
tha
8
weeks
i te viewi g
a d
fi di g
the
ight
positio
a d
they
do ’t
have
thei
legal
ability
to
emai
i
the
cou t y
tied
to
the
outcome,”
he
said.
“A
H-1B
wo ke
has
to
fi d
the
job,
i te view,
get
the
offe ,
fi d
a
employe
willi g
to
spo so
the
visa
a d
get
the
immig atio
p ocess
movi g.””A d
these
a e
people
who
ca
lose
thei
jobs
th ough
o
fault
of
thei
ow .
Compa y
dow sizes
o
F iday
a d
appa e tly
you
immig atio
status
should
sta t
implodi g
o
Mo day?
What
exactly
is
accomplished
by
maki g
a
al eady
st essful
situatio
delibe ately
c uel?”
Blu t
asked.
What
is
the
60-day
ule?
The
60-day
g ace
pe iod
was
c eated
by
egulatio
i
2016
a d
took
effect
i
ea ly
2017.
U de
the
ule,
E-1,
E-2,
E-3,
H-1B,
H-1B1,
L-1,
O-1
a d
TN
o immig a ts
a d
thei
depe de ts
a e
ot
co side ed
to
have
failed
to
mai tai
thei
o immig a t
status
o ly
because
the
p i cipal’s
employme t
ceased.
The
g ace
pe iod
fo
a
mi imum
of
60
days
o
u til
the
I-94
expi atio
date.
It
is
available
o ce
du i g
each
autho ized
petitio
validity
pe iod.
DHS
has
the
disc etio
to
efuse
o
sho te
the
g ace
pe iod
but
has
a ely
do e
so.This
pe iod
was
c eated
to
allow
immig a ts
to
look
fo
a othe
employme t
o
to
cha ge
thei
status
without
leavi g
the
US.Without
this
g ace
pe iod,
a yo e
who
loses
a
job
i
the
US
could
become
a
illegal.
But
this
is
o ly
a
p oposal
ow
which
will
have
to
fi st
clea
fede al
eview
a d
the
it
would
b
published
fo
a
public
comme t
pe iod
of
30
to
60
days.
The
p oposal
will
become
eality
o ly
afte
it’s
fi alized.Immig atio
atto ey
Emilu
Neuma
said
it
is
DHS’s
o goi g
attack
o
legal
immig atio
as
the
60-day
g ace
pe iod
has
bee
a
lifeli e
fo
wo ke s
faci g
layoffs.
US
employe s
will
be
impacted
Atto ey
Ad ia
Pa dev
said
the
ew
p oposal,
if
it
becomes
a
ule,
would
impact
US
employe s
as
much
as
employees.
“The
60-day
g ace
pe iod
allows
a
employee
to
give
ample
otice
to
thei
cu e t
employe
p io
to
cha gi g
jobs.
The
employee
k ows
that
eve
if
the
ew
H-1B
fili g
is
delayed
fo
some
easo ,
they
have
the
g ace
pe iod
to
fall
back
o ,”
he
said.”Without
it,
the
employee
is
i ce tivized
to
ot
me tio
a ythi g
to
thei
cu e t
employe
u til
the
ew
petitio
is
filed
o
eve
app oved.
That
mea s
the
cu e t
employe
could
be
fi di g
out
they
a e
losi g
a
team
membe
o
ext emely
sho t
otice,”
he
added.
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