The Trump administration’s latest decision will come as a relief for Anand V, whose H-1B visa expires on March 31.
The decision by the US Department of Homeland Security to permit H-1B workers to stay on in the country for an additional two months after their projects get over, or if they are laid off will give the Infosys employee some breathing space before deciding on his future course.
“I had been calling many H-1B contractors asking if they could put me on another project as I have been in the US for the last four years and am in the process of sending my daughter to school here,” said Anand, for whom the last month has been nerve-wracking.
In a statement, the DHS said: “One of the key components of the new regulation is the availability of a grace period of up to 60 days for certain categories of non-immigrant workers in E-1, E-2, E-3, H-1B, H1B1, L-1, O-1, and TN status, following the loss of employment.”
Further, the regulation does not differentiate between a worker who is terminated and one who quits. Also, the grace period must be used at one go and unused days may not be saved or carried over to another grace period.
US laws mandate that a techie needs to leave US shores once his or her project in the country is complete. In case of a layoff, foreign workers are faced with the sudden requirement to relocate.
Yeshasvi Shankar, founder of Michigan-based Saanvi Technologies, which works with companies such as Ford, welcomed the move. “People there are panicking and this move would at least give them recourse,” he says.
However, not all are convinced by this move.
According to Satya Rao, Chairman and CEO of Ohio-based Axiom Consulting, while any grace period is valuable, two months may not be sufficient for someone to find alternative employment in the current environment.
While there are no official numbers, it is estimated that around 1 lakh workers of Indian origin are on different kinds of work visas in the US.
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