H-1B workers who’ve had their petitions withdrawn by employers after a job separation are now being hit with “Notices to Appear” from USCIS, as flagged by NAFSA, the Association of International Educators. This unexpected move is raising concern among immigration advocates, especially for those caught in transitions or layoffs.
Receiving a Notice to Appear (NTA) means the U.S. government has officially started the process to remove someone from the country. This notice mentions out the specific reasons for the deportation such as overstaying a visa or breaking the terms of legal stay and outlines the legal basis for the action. It also asks the worker to show up in immigration court and respond to the charges before a judge.
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As per current H-1B visa rules, if a worker loses their job or they leave on their own along with their dependents, are expected to leave the U.S. within 60 days or by the end of their approved stay, whichever comes first. The 60-day grace period rule specifically says, “An alien admitted or otherwise provided status in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN classification and his or her dependents shall not be considered to have failed to maintain nonimmigrant status solely based on a cessation of the employment on which the alien’s classification was based, for up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter, once during each authorized validity period.”
This window gives workers a chance to figure out their next steps. Whether it’s finding a new employer, switching visa categories, or applying for a change or adjustment of status. That said, some H-1B holders are still being issued “Notices to Appear” even after losing their jobs, which adds another layer of uncertainty. It is also worth noting that if someone files to change their nonimmigrant status or applies for adjustment during the grace period, their legal stay can continue beyond the 60 days even if they are no longer under the same visa classification.
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But the same rule also clarifies, “DHS may eliminate or shorten these 60 days as a matter of discretion. Unless otherwise authorized under and the alien may not work during such a period.”
The recent issuance of “Notices to Appear” to laid-off H-1B workers despite 60-day grace period has sparked growing concern across the immigration community. Immigration attorneys and advocates warn that the move could lead to unintended consequences for skilled professionals who are otherwise complying with visa regulations. With job cuts continuing in the tech and startup sectors, many H-1B holders are now facing a double blow like sudden unemployment followed by potential deportation proceedings.