60 days or less: H-1B Workers get deportation notices despite legal status

Business Standard

5 days ago

A growing number of H-1B visa holders in the United States are receiving deportation notices while still within their 60-day legal grace period following job loss, according to multiple immigration law firms.
The issue was flagged by Dillon Colucci, a partner at Greenberg Traurig LLP, who wrote in a firm post that some individuals were being served Notices to Appear (NTAs) despite remaining in legal status. His concerns were echoed by attorneys at Reddy Neumann Brown, Murthy Law Firm, Chugh LLP, and others.
'Losing your H-1B job is stressful enough—but now some workers are receiving Notices to Appear (NTAs) even while they're still legally within their 60-day grace period,' said Abhisha Parikh, a US-based immigration lawyer, in a social media post.
What's supposed to happen when an H-1B worker loses a job?
When employment ends, H-1B workers are allowed to stay in the US for up to 60 days to:
• Find a new job and transfer their H-1B
• Switch to a different immigration status (such as B-2 visitor)
• Leave the US voluntarily within the grace period
During this time, they are legally present and not considered out of status.
What's happening instead?
Several H-1B visa holders are reportedly receiving NTAs even before the 60-day period ends. An NTA is a formal notice initiating deportation proceedings in immigration court.
This contradicts US Citizenship and Immigration Services (USCIS) guidance, creates uncertainty for visa holders, and disrupts businesses relying on foreign talent.
The development follows a February 28, 2025 policy memorandum from USCIS, which expanded the types of circumstances that may trigger an NTA. The memo, accessed by Business Standard, clarified that Form I-862 (the NTA) outlines allegations and charges against an individual and initiates removal proceedings under section 240 of the Immigration and Nationality Act.
USCIS, ICE and CBP all have the authority to issue NTAs.
Are rules being changed?
While there has been no official change to the grace period rule, the regulation allows the Department of Homeland Security (DHS) to 'eliminate or shorten this 60-day period as a matter of discretion.' Colucci noted that, although this provision existed since 2016, its use was not widespread until recently.
He added that USCIS may now be using this discretion more frequently, though this has not been formally acknowledged by the agency.
Parikh questioned the move: 'This raises serious questions: Is this a new enforcement tactic or just administrative errors? Either way, it's putting skilled professionals at risk of deportation before they've done anything wrong.'
Who is affected?
NTAs are being issued in situations where individuals may technically no longer be in nonimmigrant status, even though they have pending applications such as:
• Adjustment of status (Form I-485)
• Change or extension of status
• Employment authorisation (EAD) while waiting for green card processing
In some cases, NTAs are issued because an employer notifies USCIS of termination, prompting the agency to consider the person out of status—even if an application is pending. Others may have filed change-of-status applications slightly late, which could also lead to an NTA.
According to Murthy Law Firm, an NTA starts the legal process for deportation. It requires the individual to appear before an immigration judge, beginning with a procedural master calendar hearing that may be followed years later by a full hearing.
If the individual leaves the US after receiving an NTA but before attending court, it may be considered a self-removal. This can trigger a re-entry ban for several years. Some may choose voluntary departure to avoid harsher penalties.
What H-1B workers can do
• Act quickly to find a new employer and file an H-1B transfer
• Consider switching to another visa category, such as B-2
• Leave the US voluntarily before the grace period ends, if no other option is available
If issued an NTA, individuals are advised to contact an immigration attorney immediately. Mistaken NTAs can sometimes be withdrawn or dismissed.
'The system is complicated, but staying informed is your best defence,' Parikh said. 'If you're on an H-1B visa, make sure you know your rights, act fast if you lose your job, and get legal help immediately if you receive an NTA during your grace period.'