Public engagement has surged against DHS’s proposed elimination of the 60-day grace period that allows H-1B, L-1, O-1 and TN workers to remain in the United States after involuntary job loss. New India Abroad reports that 31,383 comments were filed by the 10 November deadline, a rare volume for a technical immigration rule. The grace period, created in 2017, gives high-skilled workers time to find a new employer, change status or make departure arrangements. DHS contends the protection is “not mandated by statute” and burdens officers, yet courts and economists have cited the provision as critical to preventing sudden talent flight during economic downturns. Employers warn that removing the buffer will force immediate terminations and deportations, generating project delays and relocation costs. Indian nationals—who hold roughly 70% of approved H-1B petitions—would bear the brunt, but multinational assignees of all nationalities could be affected. DHS must now review the avalanche of comments. Observers expect a lengthy process and possible litigation if the agency issues a final rule without significant changes. Mobility managers are advised to build contingency plans for accelerated off-boarding, including severance packages, travel logistics and options to re-route key staff to Canada or Mexico. For individuals, the safest strategy is to maintain updated résumés, establish LinkedIn alerts and consult counsel about backup statuses such as B-1/B-2 or F-1 CPT in the event the rule is finalized.
Source: New India Abroad
