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Proposed Rule: Eliminating the Discretionary 60-Day Grace Period

https://www.regulations.gov/document/USCIS-2026-0364-0001/comment
55•la64710•40m ago

Comments

slater•37m ago
As per usual, the cruelty is the point.
jfewhfuehg•28m ago
"A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent. The intent of the H-1B provisions is to help employers who cannot otherwise obtain needed business skills and abilities from the U.S. workforce by authorizing the temporary employment of qualified individuals who are not otherwise authorized to work in the United States."

This was the point of the visa. Now tell me how many people under H1B fall into that category.

cdrnsf•35m ago
This administration lives at the intersection of cruelty and stupidity.
victor106•32m ago
I agree and even though I am pro immigration, I do think the H1B program has been exploited by the employers to the hilt
tremon•30m ago
How does this proposal affect the employers you mention?
demo4567•12m ago
this doesn't affect the employers. with people like you, we need h1b
jfewhfuehg•31m ago
No, this is what happens when you abuse a visa and create a stealth takeover of an industry.
throw-the-towel•24m ago
Both can be true.
demo4567•11m ago
this does nothing to solve the problem: the employers and just affects people. with your logic, we definitely h1b, cause you useless
zergrush•34m ago
has there been any updates to the 100k premium for H1B hires ?

definitely not a good time for H1Bs

WalterGR•25m ago
Related, from a few hours ago: https://news.ycombinator.com/item?id=49697171

“New $100k H-1B visa fee pushes tech jobs offshore” (ieee.org)

RugnirViking•33m ago
Think about the practicalities here. What would you do with your furniture, your apartment? Your car?

With no grace period at all, you'd just have to abandon them, and I guess try to sell them remotely if you even can.

caust1c•32m ago
This problem left as an exercise for the taxpayer. /s
tessierashpool•31m ago
the real practicality here is that the OP is a request for comments.

definitely a request to fulfill.

TZubiri•29m ago
Startup idea..

fired and on an h1b? Gotta take an emergency plane outta here on short notice?

Mail us your car and apartment keys and we'll liquidate your assets for you and wire the funds to you

We are seeking 1M$ for 10% of the company

rayiner•24m ago
What did people do before the grace period was implemented in 2017? There was no grace period under Clinton, Bush, and Obama.
daxuak•17m ago
Now worse than that, practically one might be up for this admin's ice to grab at the moment of their termination, or the update of that termination into USCIS's system, as the status is lost, unless they immediately book a plane ticket for today or tomorrow.

60-day period is incredibly short to sort out one's belongings (and dependents) but it at least promises a way to let you leave legally, with some dignity. This proposal of elimination just reads like a plan to render people illegal and hunt them down.

VirusNewbie•33m ago
How hard is it to convert H1B to O1? At this point I gotta imagine it's easier to just do this for well paid H1Bs no ?
zrail•28m ago
The proposed rule will apply to E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN (copied directly out of the document).
codingdave•33m ago
Actual title: Eliminating the Discretionary 60-Day Grace Period (Thanks - the title has now been corrected.)

This is a "Proposed Rule", and the comments window is open. Use that "Comment" button on the page to share your opinion with the decision makers.

mcmcmc•31m ago
I’m still not understanding the upset on this one. If your visa is granted for a specific job (as H1Bs must be) I don’t think it’s that crazy for the visa to be revoked if you lose the job. If you don’t have a valid visa in a foreign country, it’s on you to leave. Does there need to be a period where that can happen peacefully? Sure. You don’t need two months to monkeybranch to another job where you get an implicit advantage in the job application by already being here, but without a valid visa.

The point of H1B is that the talent is so rare and valuable that it can’t be found domestically. If you get fired or laid off, hate to say it but you weren’t valuable enough to keep around.

demo4567•13m ago
lmao. pretty soon you won't be valuable enough to keep around.
TheCoelacanth•13m ago
It's insane to expect people to move to a different country with zero days notice.
mcmcmc•9m ago
[delayed]
Freedom2•5m ago
Layoffs often have nothing to do with specific individuals, so your last assertion is false.
bel8•30m ago
Imagine the pressure that an employer can impose onto H1Bs now, with no grace period.
rayiner•30m ago
The grace period didn't even exist until 2017: https://www.regulations.gov/document/USCIS-2026-0364-0001 ("Before 2017, there was no grace period for nonimmigrant workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classification whose employment or activity ended during their period of lawful status.").

How did things work under Clinton, Bush, and Obama?

valleyer•15m ago
Looked at another way, the lack of grace period was indeed a problem back then, and that's why the Obama government proposed and finalized a rule to solve that problem. And now the Trump government proposes to reimpose the problem.
rinconrex•29m ago
What happens after this? This administration has clearly sent a message that foreign workers are not welcome in any capacity. Fruit not being picked, research not being completed, tech not being built. Hell, a quick search shows AAMC reports 20% of doctors and med students are foreign born and educated.

No one seems to care in this admin. Absolutely wild.

rayiner•22m ago
The number of medical school spots is effectively capped by regulation, so there will be zero problems filling those slots.

We have to integrate millions of immigrants and their children from Latin America who have come to the US over the last decade. They’re going to want to have upward mobility for their children. The kids of the fruit pickers are going to want to become doctors and professionals just as with prior waves of low skill immigration. It makes no sense to import new skilled workers, especially as many of those jobs are going to be automated away.

rinconrex•9m ago
I agree zero problems filling the spots, but the best foreign medical students are likely better than the 20% of the bottom US students that would take those positions.

The US med school system with residencies and med school slots needs a total overhaul. I'm not arguing that. I would rather have higher skilled immigrants than lower skilled if possible, and I would even prefer that to promoting less meritorious US workers if they are unqualified.

like_any_other•15m ago
> AAMC reports 20% of doctors and med students are foreign born and educated

This is by design: https://www.newsweek.com/there-are-limited-spots-doctors-med...

valleyer•28m ago
Another bit of evidence exposing the lie that Trumpists only object to illegal immigration.
demo4567•10m ago
you are downvoted but HN is trumpists and "moderates" who like to think they so smart with their fancy moderations
yalok•24m ago
so this post was at the top of the 1st page of HN just a few min ago, and now it's down on Page 2 (#36 atm). Is this due to the title change, or something else?
beloch•24m ago
This just adds to the list of reasons not to accept a position in the U.S.. The U.S. is a country that doesn't want you and whose elected government is dedicated to making you feel unwelcome. The money had better be damned good to even consider it, and now you'll probably have to demand 60-days of vacation and a written guarantee that you'll be able to take it before your employment can end.

It's probably better to make a little less in a country that will treat you far better.

rwz•23m ago
This seems especially cruel in the wake of recent tech layoffs where you can find out that you're no longer employed while riding a corporate bus to work in the morning without any warnings or time to prepare.

Can you imagine living here for many years, having a rented house with all the furniture, a car, bank accounts, gym memberships, friend groups, kids enrolled in local schools, and then suddenly being thrown out of the country without even having a chance to liquidate any of it just because Meta or Amazon has just dropped another 10k people layoff and and you're unlucky to be a part of it?

rinconrex•4m ago
Are the foreign students we let in better than the 20% of US students that are excluded? If they are much better, I guess I don't see the problem.

The better solution (for me) is to open up the slots since there is such a huge shortage of doctors. NPs and RNs are not going to make up that expertise gap.

cyanydeez•11m ago
No, they sent a message that business must buy their foreign works on both sides of the table.

Amazon.com Services, LLC vs. Perplexity AI, INC., No. 26-1444 (9th Cir. 2026)

https://law.justia.com/cases/federal/appellate-courts/ca9/26-1444/26-1444-2026-08-04.html
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