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

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

Bhutoria, a former advisor to the White House AANHPI Commission, said the change would force immediate deportations and upend families. "People will not even have time to sell their homes, manage their leases, or transition their children out of schools," he said in a statement.

In March 2023, Bhutoria secured commission approval for a recommendation to extend the grace period to 180 days. He argued that corporate hiring for specialized roles often involves four to five interview rounds, background checks, and extensive USCIS paperwork that cannot be completed within 60 days.

Without a grace period, terminated workers and their dependents would immediately fall out of legal status, risking deportation or a Notice to Appear. Bhutoria said hundreds of thousands of South Asian professionals in tech, healthcare, and engineering hold H-1B status, and eliminating the window would cause psychological distress, financial ruin, and school disruptions for U.S.-raised children.

Bhutoria urged community organizations, business leaders, and advocacy groups to prepare public comments once the rule is published in the Federal Register. He called on DHS to withdraw the proposal and adopt a 180-day grace period instead.