A troubling trend is emerging for H-1B professionals laid off in the United States: some are receiving Notices to Appear (NTAs) in immigration court, even though they are still within the 60-day grace period that has historically provided a buffer after job loss.
This development is creating significant uncertainty for foreign workers who are actively searching for new employment or preparing a change-of-status application.
The 60-Day Grace Period – What the Rules Say
For years, federal regulations have provided a limited window of protection after job loss. Specifically:
- The grace period may last up to 60 consecutive days, or until the expiration of the I-94 record, whichever comes first.
- It can be used only once during each petition validity period.
- During this time, the worker and their dependents are generally treated as maintaining lawful status.
- Employment is not authorized unless separately permitted by law.
- The Department of Homeland Security (DHS) retains authority to shorten or eliminate the grace period at its discretion.
This framework has allowed thousands of H-1B workers to remain in the U.S. legally while finding new jobs, filing for a transfer, or arranging departure.
Why NTAs Are Being Issued
Recently, however, reports show that USCIS is issuing NTAs to H-1B workers before the grace period has ended. In some cases:
- Former employers notified USCIS of petition withdrawals, which appeared to trigger automated enforcement.
- Workers had already filed timely H-1B transfer petitions or change-of-status requests, yet still received NTAs.
- Some cases suggest DHS is exercising its discretionary power to curtail the grace period.
Once an NTA is issued, the individual is placed in formal removal proceedings before an immigration judge — a serious development that can affect future visa eligibility.
Legal and Practical Risks
Being placed in removal proceedings can lead to:
- Increased legal costs and delays while defending status.
- Greater scrutiny in future immigration or visa applications (since DS-160 forms and consular officers ask about prior removal cases).
- Emotional and financial stress immediately following job loss.
This represents a significant shift from prior practice, where most workers could quietly depart or transition without being formally charged with removability.
What Employees Can Do
If you are an H-1B worker concerned about layoffs:
- Plan ahead with your employer. If possible, negotiate to remain on payroll longer. This may reduce the risk of an early NTA.
- Act quickly after termination. File an H-1B transfer, change to another valid status (such as B-2), or make arrangements to depart the U.S. before the grace period ends.
- Use premium processing where available. Faster adjudications reduce uncertainty during a critical period.
- Keep thorough records. Save employment documents, USCIS filings, and all correspondence in case your status is questioned.
- Seek legal help immediately if an NTA is issued. Do not travel internationally while proceedings are pending.
Final Thoughts
The 60-day grace period has long been a safety net for H-1B and other nonimmigrant workers, but its reliability is now in doubt. With USCIS issuing NTAs more aggressively, the margin for error is extremely slim.
At NPZ Law Group, we help professionals and their families navigate layoffs, transfers, and changing immigration rules. If you are facing job loss or have received an NTA, contact us promptly to protect your options and preserve your immigration future.
FAQs
Q: Does this only affect H-1B workers?
A: While most reports involve H-1B layoffs, the regulation also covers other categories such as E-1, E-2, E-3, H-1B1, L-1, O-1, and TN.
Q: If I receive an NTA during the grace period, does that mean I am out of status?
A: You may still have valid arguments, especially if a new petition or change-of-status was filed on time. However, once an NTA is issued, your case moves to immigration court and requires careful legal handling.
Q: What if my employer delays withdrawing the petition?
A: While not guaranteed, a delay in withdrawal may reduce the risk of an early NTA. Workers should still act quickly to secure lawful options.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.