Amid massive layoffs in the US, the President’s advisory panel has recommended increasing the grace period for H-1B workers from 60 days to 180 days which may come as a relief to many affected workers. Over the past six months, several laid-off H-1B workers have taken to social media to highlight their plight to find another job within the 60-day grace period.
Stephen Yale-Lohr, Professor of immigration law practice, Cornell Law School, said this is the first step in a long process. “Earlier U.S. Citizenship and Immigration Services No need to follow that recommendation.
Furthermore, even though USCIS If the grace period were to be extended, it may have to go through a normal rule-making process to do so. This may take months. Furthermore, if USCIS extends the grace period, it is expected that lawsuits by US workers challenging the change would be beyond the immigration agency’s authority. Finally, the grace period extension will not apply retroactively to help H-1B workers who have already been fired. Overall, fired H-1B workers shouldn’t get their hopes up just yet. ,
Cyrus D Mehta, managing partner at New York-based law firm Cyrus D Mehta & Partners, called the recommendation “good news” and said the extended period would not take effect immediately. “The actual regulation at 8 CFR (Code of Federal Regulations) needs to be amended, which is a process, as the administration must provide notice and allow the public to comment before changing the rule.”
Stephen Yale-Lohr, Professor of immigration law practice, Cornell Law School, said this is the first step in a long process. “Earlier U.S. Citizenship and Immigration Services No need to follow that recommendation.
Furthermore, even though USCIS If the grace period were to be extended, it may have to go through a normal rule-making process to do so. This may take months. Furthermore, if USCIS extends the grace period, it is expected that lawsuits by US workers challenging the change would be beyond the immigration agency’s authority. Finally, the grace period extension will not apply retroactively to help H-1B workers who have already been fired. Overall, fired H-1B workers shouldn’t get their hopes up just yet. ,
Cyrus D Mehta, managing partner at New York-based law firm Cyrus D Mehta & Partners, called the recommendation “good news” and said the extended period would not take effect immediately. “The actual regulation at 8 CFR (Code of Federal Regulations) needs to be amended, which is a process, as the administration must provide notice and allow the public to comment before changing the rule.”
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