New challenge for H-1B visa holders and immigrants in the US

Bad news for H-1B visa holders and immigrants in the United States: the administration has proposed ending the 60-day grace period. According to a government notice published online Thursday; the Trump administration has proposed eliminating the 60-day grace period that allows certain immigrants, including skilled workers on H-1B visas, to remain in the United States after their employment ends while they look for a new sponsor.

Under the proposed regulatory change published by the U.S. Department of Homeland Security in the Federal Register, holders of H-1B and certain other temporary work visas would be required to leave the country as soon as their employment ends. The move could potentially be a setback for major U.S. technology companies that rely heavily on foreign workers.

Under the H-1B program, 65,000 visas are issued each year, while an additional 20,000 are allocated to workers with advanced degrees. These visas are generally approved for periods of three to six years. Before Trump announced the new fee, employers seeking H-1B visas for foreign workers typically paid between approximately $2,000 and $5,000 in fees, depending on various factors.

In imposing the hefty new fee, Trump said in a presidential proclamation that the H-1B program had been “deliberately used for the purpose of replacing American workers with lower-wage, lower-skilled workers, rather than addressing shortages of American workers.” The fee does not apply to foreign nationals who are already in the United States on student visas and later obtain H-1B visas. Such individuals typically make up a significant portion of new H-1B visa recipients.

Since the fee was introduced, very few employers have actually paid it. According to documents submitted by a U.S. Citizenship and Immigration Services (USCIS) official in March, the agency had received only 85 such payments as of February 15. The Trump administration has also ordered stricter scrutiny of H-1B applicants and proposed a new visa selection system that would give preference to workers with higher levels of skill and higher salaries.  At least three separate lawsuits have been filed challenging the $100,000 fee, including a lawsuit brought by the U.S. Chamber of Commerce.