Ajay Bhutoria Opposes DHS Plan to End H-1B Grace Period

The proposed rule, identified as RIN 1615-AD22, is under review at the federal Office of Management and Budget. It would remove the 60-day window that allows laid-off nonimmigrant visa holders, including H-1B, L-1, and O-1 workers, to find new employment, transfer status, or adjust their classification while staying lawfully in the U.S.

Bhutoria, a former advisor to the White House AANHPI Commission, authored a recommendation in March 2023 that the commission approved, urging DHS and USCIS to extend the grace period to 180 days. He argued that corporate hiring practices, including multiple interview rounds and lengthy USCIS paperwork, often exceed 60 days.

In a statement, Bhutoria said eliminating the grace period would leave workers with no time to sell homes, manage leases, or transition children out of schools. He warned that families would be uprooted overnight, and that termination would immediately place workers and their dependents out of legal status, risking deportation or a Notice to Appear.

Bhutoria called the proposal inhumane and unworkable, and urged DHS and the administration to withdraw it. He also encouraged South Asian community organizations, business leaders, and advocacy groups to prepare public comments once the rule is published in the Federal Register.