Thousands of H-1B workers could face rapid deportation under a new Trump administration proposal that seeks to eliminate a 60-day grace period for foreign workers whose employment ends. The proposal, which has passed a key internal review stage, aims to significantly alter the legal protections available to noncitizens in the U.S., particularly those working under employment-based visas such as H-1B. The move marks a continuation of the administration’s efforts to tighten immigration policies and reduce reliance on temporary foreign labor. The Department of Homeland Security (DHS) submitted the proposal for White House review on August 6, and it was cleared by the Office of Information and Regulatory Affairs on August 27. This procedural step does not constitute final approval but signals that the rulemaking process is underway. The proposal, classified under RIN 1615-AD22, would remove the discretionary 60-day grace period currently afforded to workers in categories such as H-1B, E-1, E-2, E-3, L-1, O-1, and TN, as well as their dependents. This grace period allows individuals to maintain lawful status after their employment ends, providing time to seek new opportunities or prepare for departure. Under the current regulations, eligible workers can remain in the U.S. for up to 60 days after their job ends or until their authorized stay expires, whichever occurs first. This provision applies whether the worker resigns or is terminated. The grace period serves as a critical buffer, enabling displaced employees to transition smoothly between jobs or adjust their immigration status without immediate risk of deportation. If the proposal is finalized, this protection would be removed, potentially forcing workers to either secure new employment quickly or leave the country immediately. For H-1B workers, this change could have profound implications. These professionals often rely on employer sponsorship to maintain their legal status, and the loss of the grace period would complicate their ability to switch employers or pursue alternative immigration pathways. While some immigration experts suggest that U.S. Citizenship and Immigration Services (USCIS) might retain discretion to grant waivers in individual cases, the proposal does not guarantee such flexibility. Instead, it introduces an increased risk of immigration enforcement action for those who fail to maintain continuous employment or sponsorship. The proposed change aligns with broader efforts within the Trump administration to reform the H-1B visa program. Earlier reports indicated that the administration is also considering a separate proposal to raise the minimum salary for H-1B workers to $103,265, further tightening the criteria for eligibility. Together, these measures reflect a strategy to limit the availability of temporary foreign labor and prioritize domestic workforce interests. Meanwhile, the administration continues to enforce strict immigration policies through other means. In recent weeks, ICE has deported numerous individuals to countries where they have little or no connection, including a Venezuelan father sent to Liberia and relatives of Afghan nationals who supported U.S. military operations. These actions underscore a pattern of aggressive enforcement, with deportations increasingly directed to distant locations, sometimes without clear justification or explanation. The impact of these policies extends beyond the workplace. For instance, the Trump administration has intensified its crackdown on illegal immigration in the trucking industry, targeting commercial trucking schools and drivers who failed English-language proficiency tests. Over 28,000 drivers have been removed from service due to language violations, and hundreds of schools have been shuttered for failing to meet training standards. These actions highlight a broader campaign to enhance border security and ensure compliance with federal regulations, even at the cost of disrupting livelihoods. As the proposed H-1B rule moves forward, the next steps include publishing the proposal in the Federal Register, allowing public comment, and reviewing feedback before finalizing the regulation. This process typically takes several months, offering a brief window for stakeholders to voice concerns. However, the urgency of the administration’s agenda suggests that the final decision may come sooner rather than later. Until then, the fate of tens of thousands of foreign workers, and their families, remains uncertain.
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