Multiple H-1B visa holders who were laid off have received notices to appear (NTAs) from the Department of Homeland Security, despite remaining legal status. However, as per the recipients, the 60-day grace period was still active and had not expired, raising concerns over USCIS enforcement practices. This came as the first step towards possible deportation proceedings.
Several immigration lawyers have expressed their outrage about the added burden of visa notifications after losing an H-1B job. Sameer Khedekar, immigration attorney, explained to TOI, “Upon lay-off, a 60-day grace period is available to an H-1B visa holder who either transfers the H-1B status to a new employer or applies to change his/her visa status…” It was noted that the increasing NTAs in immigration courts are appearing, pointing to the date of withdrawal, even after the laid-off H-1B workers have changed the status of their application to pending.
What happens after H-1B layoff?
In case an employee loses their job while being an H-1B visa holder, they are allowed to stay in the US for up to 60 days. Ideally, they must secure another job within that period and switch to a different immigration status of a B-2 visitor. Furthermore, in case of failure to find another job, they must leave voluntarily.
However, despite the legalities, workers have been receiving NTAs from Homeland Security even before the H-1B grace period ends. This notice, which initiates the deportation proceedings has however, contradicted to the US Citizenship and Immigration Services (USCIS) guidance and created uncertainty for visa holders.
Recent cases that have been brought to light demonstrate USCIS improperly issuing NTAs, including those with a pending I-539 application. “If you have a properly filed, non-frivolous application pending, you should be considered in ‘authorized stay’ for unlawful presence purposes. Despite this, we are seeing a significant volume of NTAs,” stated immigration attorney Khanna in a TOI report.
What does an NTA mean?
Recent reports revealed that more than 1,800 NTAs have been issued after screening and vetting efforts since February 2025. But, it must be noted that no official statement has been issued to change the H-1B grace period.
As per a USCIS policy memorandum from February 2025, Form I-862 (an NTA) defines the allegations and charges against an individual and initiates removal proceedings under section 240 of the Immigration and Nationality Act. The NTA also instructs the recipient to appear before an Immigration Judge, who further decides the deportation process. However, debates continue whether this means a new administrative change is underway or an enforcement tactic in place.