US may scrap H-1B 60-day grace period: What Kenyans in US should do after layoff

This story has significance for readers across Kenya and beyond.

- The US Department of Homeland Security has proposed scrapping the 60-day grace period H-1B workers currently rely on after losing a job

- Kenyan professionals on H-1B visas could face a much tighter window to secure new employment or adjust their immigration status if the rule changes

- Immigration experts advise H-1B holders to gather key documents and map out a contingency plan before a layoff occurs

For Kenyan professionals working in the United States on H-1B visas, a job loss carries consequences that go well beyond a missing pay cheque. It can set off an immigration crisis with a ticking clock.

Under the current framework, H-1B workers whose employment ends are generally entitled to a 60-day grace period during which they can pursue a new qualifying employer, switch to a different immigration status, or make arrangements to leave the country.

That window, while limited, has provided critical breathing room for thousands of skilled workers.

However, that safety net may soon disappear as the US Department of Homeland Security (DHS) has put forward a proposal to eliminate the discretionary 60-day period entirely.

The measure has not yet been finalised, meaning the existing window remains in effect for now, but the uncertainty is enough to warrant immediate preparation.

What H-1B workers should do after a layoff

Immigration expert Mithi Jaiswal told Financial Express Digital that the priority after losing employment is to identify the exact date that work ended.

Workers should then pull out their Form I-94 and H-1B approval documents and contact an immigration professional without delay.

Those with an approved I-140 petition should not assume that document alone provides a basis to remain in the US after H-1B employment ends. It does not. A different outcome may apply to someone with a properly filed and pending I-485 adjustment-of-status application, which can offer a separate legal foundation for staying in the country while the case is processed.

Also, workers who hold an Employment Authorisation Document (EAD) may have more flexibility, since that document allows them to work outside their original H-1B employer's sponsorship.

Because every case carries its own variables, workers with either an I-140 or I-485 on file should have their specific situation reviewed before drawing any conclusions.

How to prepare before a layoff strikes

Immigration advisers urge Kenyan H-1B workers not to wait for a layoff letter before taking stock of their situation. Key steps include maintaining accessible copies of Form I-94, H-1B approval notices, recent pay statements, employment records and any previous immigration filings.

Workers should also track their I-94 validity dates and understand precisely when their current H-1B approval expires.

Those exploring a move to another employer should note that receiving a job offer does not automatically resolve an immigration gap.

The timing of when a new employer can file the necessary paperwork, and whether lawful status can be maintained throughout the transition, are questions that require professional guidance.

For now, the 60-day grace period stands. But the proposed DHS rule change serves as a clear signal: Kenyan professionals on H-1B visas would be wise to treat their immigration preparedness with the same urgency as their career planning.

Source: TUKO.co.ke

Reporting originally appeared via TUKO. Read the full source for additional context.