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Former White House adviser Bhutoria urges DHS to retain H-1B grace

Due to the proposed rule, he said, families will be uprooted overnight, thrown into chaos through no fault of their own after dedicating years of hard work and tax contributions to this country.

 Ajay Jain Bhutoria Ajay Jain Bhutoria / X/Ajay Jain Bhutoria

Former White House Commissioner Ajay Jain Bhutoria has condemned the Department of Homeland Security's new proposal to eliminate the 60-day grace period that allows H-1B workers and certain other legal nonimmigrants to remain in the U.S. after their employment ends, warning the move will cause severe disruption for immigrant families and massive loss of highly skilled talent to the American economy.

The proposed rule, currently under review at the federal Office of Management and Budget (OMB), could remove the crucial 60-day window that allows laid-off foreign workers to secure new employment, transfer visa status or adjust their nonimmigrant classification while remaining lawfully in the U.S.

"I strongly condemn and slam this proposed DHS policy," Bhutoria said in a statement, asserting that eliminating the 60-day grace period is "inhumane and unworkable."

"When a worker faces a sudden termination, 60 days was already dangerously short. Stripping away this protection entirely leaves thousands of law-abiding individuals with zero time to wrap up their lives," he said.

Also Read: US weighs ending 60-day grace period for H-1B workers

Due to the proposed rule, he said, families will be uprooted overnight, thrown into chaos through no fault of their own after dedicating years of hard work and tax contributions to this country.

"People will not even have time to sell their homes, manage their leases or transition their children out of schools," said Bhutoria, who served on former President Joe Biden's Advisory Commission on Asian Americans, Native Hawaiians and Pacific Islanders (AANHPI), where he advised the administration on policies affecting AANHPI communities.

Bhutoria said that in March 2023, while serving on the White House AANHPI Commission, he presented and secured commission approval for a major policy recommendation urging the DHS and USCIS to extend the grace period from 60 days to 180 days.

That recommendation, he said, highlighted the reality of corporate hiring practices, where technical interview rounds and visa transfer paperwork often take months to complete, well beyond 60 days.

The new DHS proposal, he said, "strikes at the heart" of the South Asian immigrant community and skilled workforce.

He urged the DHS and the administration to withdraw the proposal immediately and instead adopt a "compassionate, pragmatic 180-day grace period that respects human dignity and protects America's competitive edge."

Bhutoria appealed to South Asian community organizations, business leaders and advocacy groups to prepare for public comments once the rule is officially published in the Federal Register to ensure the administration hears the full impact of this proposal.

Bhutoria has been a vocal advocate for legal immigration reforms, workforce development and economic opportunity. Beyond his federal service, he has been active in civic and community initiatives in California, working on issues related to immigration, economic development and public policy.

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