H-1B shocker: 1 in 6 Indians face early US deportation risk, survey finds

Business Standard

2 days ago

One in six Indian professionals on H-1B visas, or someone they know, has been served a deportation notice to appear (NTA) within the 60-day grace period after losing their job, according to a poll on Blind, the anonymous app for verified professionals. Many risk a permanent ban from the US if they fail to leave quickly.
Normally, laid-off H-1B workers are given 60 days to find a new employer or change visa status. But since mid-2025, reports have grown of NTAs arriving well before the deadline—sometimes in just two weeks—branding workers 'out of status'.
'Multiple cases where NTAs were sent in 2 weeks,' a Meta user wrote on Blind. 'Immigration lawyers now advise leaving as soon as possible after the job ends, otherwise you risk a permanent ban from the US.'
Return or relocate?
In a separate Blind survey, 45 per cent of Indian professionals on US work visas said they would return to India if forced to leave. A further 26 per cent would relocate elsewhere, while 29 per cent were undecided.
Factors discouraging a move included steep pay cuts (25 per cent), lower quality of life (24 per cent), cultural or family adjustment challenges (13 per cent) and fewer job opportunities (10 per cent).
When asked if they would choose a US work visa again, only 35 per cent said yes. The rest were either unsure or against it, signalling a shift in how Indian professionals see the long-term value of US immigration.
Thirty-five per cent said they, or someone close to them, had to leave the US after a job loss, often facing deportation risks during the grace period.
Fewer visas, longer waits
USCIS data shows about 191,000 Indians received H-1B visas in FY 2023, rising to around 207,000 in FY 2024. Yet more than one million remain stuck in the employment-based green card backlog due to country caps and annual limits.
For FY 2026, USCIS selected 120,141 H-1B registrations—a sharp drop from recent years and the lowest since 2021. Analysts link this to tighter checks on multiple registrations and higher fees.
Trump's comments stir reaction
Donald Trump's call for American companies to 'stop hiring in India' has split opinion. In the Blind poll, 63 per cent of US-based professionals said it could help their firms, while 69 per cent of India-based respondents saw it as harmful.
The platform surveyed 2,089 verified Indian professionals in the US on work visas, including H-1B and L-1, between July 28 and August 8.
What's supposed to happen after job loss?
H-1B visa holders have 60 days to:
• Find a new employer and transfer their visa
• Switch to another status, such as a B-2 visitor visa
• Leave the US voluntarily within the grace period
During this time, they are legally present and not 'out of status'.
What's happening now?
Some are getting NTAs before the 60 days end. An NTA formally begins deportation proceedings in immigration court, listing allegations and charges under section 240 of the Immigration and Nationality Act.
The practice contradicts USCIS guidance and creates uncertainty for workers and employers. It follows a February 28, 2025 USCIS memo expanding situations that can trigger an NTA. USCIS, ICE and CBP can all issue these notices.
1. Sharp decline in registrations: For FY 2026, H-1B registrations dropped to about 358,000, down 26.9 per cent from FY 2025 and more than 54 per cent from FY 2024. Fraud-prevention rules, a beneficiary-centric process, and a fee rise from $10 to $215 contributed.
2. Move towards wage-based selection: The Office of Information and Regulatory Affairs has cleared a proposal to replace the H-1B lottery with a wage-based system, prioritising higher-paid roles. It awaits public release.
3. Mandatory in-person interviews: From September 2, 2025, most non-immigrant visa renewals, including H-1Bs, will require in-person interviews. The Dropbox document-only process will end, adding cost and delays.
4. Child Status Protection Act changes: USCIS has altered how a child's age is calculated under the CSPA. Some nearing 21 may lose eligibility for green card processing, worrying families stuck in backlogs—especially from India.