U.S. Citizenship and Immigration Services (USCIS) is now actively enforcing a February 2025 memorandum that significantly expands when a Notice to Appear (NTA) may be issued. An NTA places an individual into removal (deportation) proceedings before the immigration court.
This policy change affects a wide range of visa holders and benefit applicants — including those on H-1B, F-1, B-2, family-based petitions, and other nonimmigrant and immigrant categories.
What Has Changed?
In the past, many applicants whose petitions were denied could depart the U.S. without being placed into formal proceedings. Under the new policy, that is no longer the case.
USCIS is now directed to issue an NTA when:
- A benefit request (such as an extension, change of status, or green card petition) is denied; and
- The applicant is not in lawful status at the time of that decision, even if the lapse is brief.
This includes situations where:
- An H-1B extension is denied after the worker’s I-94 has expired.
- An F-1 student’s request (such as OPT) is denied after their status ends.
- A B-2 visitor overstays while awaiting a decision, and the application is later denied.
- A family-based green card application is denied after the applicant’s prior status has lapsed — a scenario that may now result in removal proceedings rather than simply departing the U.S. voluntarily.
Why This Matters
Being placed in removal proceedings has serious consequences:
- Immigration Court Proceedings: Individuals must defend themselves in immigration court, which can be complex, costly, and stressful.
- Future Immigration Applications: Having been in removal proceedings is a permanent record. Future visa and green card applications will face increased scrutiny.
- Loss of Grace Period Protection: USCIS may issue NTAs even if you are within what was traditionally considered a “grace period,” such as the 60-day period after H-1B termination.
In short, the margin for error is much smaller. Timing is critical.
How to Reduce Your Risk
Given this stricter enforcement, both individuals and employers should take proactive steps:
For Visa Holders
- File extensions or changes of status well before your I-94 expiration.
- Track your status carefully — don’t assume grace periods will shield you.
- If your case is denied, consult an attorney immediately to discuss next steps.
- Depart the U.S. promptly after a denial if you no longer have valid status.
For Employers
- Work closely with immigration counsel to file petitions early and accurately.
- Monitor employee I-94 expiration dates to prevent lapses in status.
- Educate foreign national employees about the risks of moving forward without timely filings.
Final Thoughts
The February 2025 USCIS policy memo represents one of the most significant enforcement shifts in recent years. A denial that previously meant a quiet departure from the U.S. may now result in being placed into formal deportation proceedings.
At NPZ Law Group, our attorneys are monitoring these developments closely. We help employers and individuals plan ahead, file timely, and respond quickly if a denial occurs — with the goal of reducing risk and protecting future immigration options.
FAQs
Q: Does this apply to all visa categories?
A: Yes, the memo applies broadly, including employment-based, student, and family-based categories.
Q: What if my petition is denied but my I-94 is still valid?
A: If you remain in lawful status at the time of denial, you are less likely to receive an NTA. The risk arises when status has already expired.
Q: Can I avoid proceedings by leaving the U.S. right after a denial?
A: Departing promptly may reduce risk, but USCIS can still issue an NTA once a denial occurs if you are out of status. Immediate legal advice is critical.
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.