Trump wants foreign specialists to leave the US immediately after being fired: they currently have 60 transition days - ForumDaily
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Trump wants foreign specialists to leave the US immediately after being fired: they currently have 60 transition days.

The Trump administration has proposed ending the 60-day deferment that allows some immigrants, including skilled workers on H-1B visas, to remain in the United States and seek a new employer after being laid off. This was announced in a government notice published on September 10, according to Reuters.

According to a new policy announced in the Federal Register by the US Department of Homeland Security, holders of H-1B and certain other temporary work visas will be required to leave the country immediately upon termination of their employment. This decision could be a blow to leading US tech companies, which rely heavily on foreign talent.

This is the latest step by US President Donald Trump to restrict legal immigration. His administration has already imposed higher visa fees for skilled workers and recently suspended immigrant visa interviews at US diplomatic missions worldwide while a new training program is implemented.

On the subject: The United States has suspended the issuance of immigrant visas worldwide.

The Department of Homeland Security acknowledged that the changes will obviously disrupt businesses, but emphasized that the vacated positions could be filled by U.S. citizens. The agency clarified that, in certain cases, departed workers have the right to reapply if their employer resubmits.

"The Department assumes that employers will either offer the same positions to suitably qualified U.S. citizens or file I-129 petitions based on their workforce needs," the notice states.

The 60-day grace period has been in effect since 2017 and gives foreign workers time to either find new employment in the United States or arrange personal matters, such as selling a home or picking up children from school, before leaving the country.

"Many H-1B visa holders have been here for years, and they and their families are already entrenched in their communities," said Gabriel Chin, a professor at the University of California, Davis School of Law. "I don't see any reasonable reason to force them to leave just because they're changing jobs."

H-1B visas, created by Congress in 1990, are particularly important for technology companies recruiting specialists from India and China. They allow them to fill positions for which there are insufficient skilled workers within the United States.

Major consulting firms such as Deloitte, PwC, and Ernst & Young, as well as outsourcing firms such as Tata Consultancy Services, Infosys, HCL Tech, and LTIMindtree, are among the largest sponsors of H-1B visas.

Lawyers at Berardi Immigration Law, a firm specializing in business immigration, said the proposed changes would "dramatically reduce the time HR teams have to manage layoffs and terminations of foreign employees."

"It seems like almost every week this administration takes new steps to make life harder for immigrants in the United States and the businesses and communities that depend on them," said Todd Schulte, president of the advocacy organization FWD.us.

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If the new rule is adopted, it will affect holders of E-1 visas for international traders, E-2 visas for commercial motor vehicle operators, L-1 visas for executives and managers of international companies, O-1 visas for individuals with extraordinary ability in the sciences, athletics, or the arts, and TN visa professionals.

In addition, the changes will affect holders of H-1B1 visas for skilled workers from Singapore and Chile, and E-3 visas for skilled workers from Australia.

The rule will be subject to a two-month public comment period before final approval.

Read also on ForumDaily:

How to find a good job in the USA: the best websites and apps for immigrants

Indians will now have to wait 179 years for green cards, while Chinese will have to wait 25 years due to tightened rules under Trump.

The Trump administration wants to impose a fee of more than $100,000 for new H-1B work visas.

In the U.S. work in the USA American visas Immigration in the USA new rule
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