Latest news with #H‑1B
Economic Times
3 days ago
- Business
- Economic Times
H-1B workers in US are receiving 'notices to appear' despite 60-day grace rule post-layoff
Managing Partner, LawQuest, Contributor Content Poorvi Chothani is the founder and managing partner of LawQuest, an employment and immigration boutique law firm. Poorvi, a graduate of University of Pennsylvania, is admitted to the bar in India and the USA and is a registered and practicing solicitor, England and Wales. She holds senior leadership positions in the American Bar Association, American Immigration Lawyers Association and the International Bar Association. Synopsis A concerning trend has emerged where laid-off H-1B workers in the U.S. are receiving deportation notices, even within their permitted 60-day grace period. Despite regulations allowing this grace period for job transitions, the USCIS is initiating removal proceedings, causing distress among foreign workers. A recent trend has emerged in which H-1B workers laid off from their U.S. jobs are being issued Notices to Appear (NTAs), initiating formal deportation proceedings. The USCIS is sending NTAs even to those employees who are within the post-termination, 60-day grace period permitted under current immigration regulations. This unexpected development is causing significant distress within the non-immigrant worker community, particularly for those who are actively seeking new employment or preparing status change applications. ADVERTISEMENT As per 8 CFR § 214.1(l)(2), when an H1B worker's employment is terminated before the end of the approved petition period, the individual is typically granted a 60-day discretionary grace period. While the rule providing 60 days of flexibility post-layoff technically remains in place, its practical reliability is now in question. Key aspects of this regulation are summarized below: A discretionary 60-day grace period is available if employment ends for E‑1, E‑2, E‑3, H‑1B, H‑1B1, L‑1, O‑1, and TN visa holders. The individual (and his/her dependents) is not considered to have failed to maintain status, provided it is the shorter of 60 consecutive days or until the I‑94 expiration, and the period is applied once per authorized validity period. USCIS may shorten or eliminate this grace period at its discretion. Employment is not permitted during the grace period unless specifically authorized under the law. During the grace period, the worker may: Find a new employer willing to file a timely H-1B transfer petition; File for a change of status (e.g., to B-2 visitor status); Or make arrangements to leave the United States. Foreign workers have historically relied upon this provision as a protection mechanism during job transitions. (Join our ETNRI WhatsApp channel for all the latest updates) Despite being within this 60-day grace window, an increasing number of laid-off H-1B workers are reportedly receiving NTAs. These notices initiate removal proceedings and require recipients to appear before an immigration judge. In many reported cases: The workers were well within the 60-day period; Some had pending petitions where new employers have timely filed transfer petitions, or the individuals had filed change-of-status applications within the grace period; It appears that the NTAs are frequently sent shortly after the former employer notified the USCIS of the H-1B withdrawal. Termination of employment is not the only reason one could receive an NTA. There could be other aspects of an individual's immigration or criminal history that could trigger an NTA, even if they have not lost their job. Possible Causes and DHS Discretion ADVERTISEMENT While there has been no formal change to the policy, immigration attorneys speculate that the Department of Homeland Security (DHS) is exercising discretionary authority to override the grace period since the regulation allows DHS to 'shorten or eliminate' the grace period, though such discretion has rarely been applied, until believe that this shift may be the result of: Automated enforcement actions triggered by employer withdrawal notices Internal policy shifts at the USCIS or ICE; or Increased scrutiny following the 2022 NTA expansion guidance. Legal and Practical Implications ADVERTISEMENT The unexpected NTAs could have serious consequences, such as: Workers with pending H-1B transfers or B-2 change of status applications could face removal proceedings, even when they have complied with all applicable guidelines. It could create ambiguity around the reliability of the 60-day grace rule. It could increase legal costs and put enormous psychological stress on employees soon after they lose their jobs. Tips for EmployeesIf you know you are going to lose your job, work with your current employer to determine how long you can remain on their payroll, giving you extra time to look for new opportunities. Even though it is not guaranteed, it can help if your current employer does not withdraw the H-1B petition they filed for you. This may be difficult to negotiate, but you should at least try as doing so could help reduce the risk of receiving a Notice to Appear (NTA). ADVERTISEMENT If you do receive an NTA please remember the following and take appropriate steps: 1. Act Immediately- Secure a new sponsoring employer.- File a change of status to another visa category.- Prepare to leave the U.S. before grace period or I-94 expiry. ADVERTISEMENT 2. H-1B Transfer Strategy- AC21 portability allows to work after petition filing, but starting before approval is risky if denied later.- Opt for premium processing to reduce delays and avoid unnecessary uncertainty. 3. Keep a Complete Record - Maintain records of pay stubs, termination letters, offer letters, and the USCIS communications.- Track all key dates: job end date, grace period expiry, I-94 validity, petition filings. 4. If You Receive an NTA - Contact an immigration lawyer immediately.-Removal proceedings can be complicated, and taking prompt legal action is essential to safeguard your rights.- Do not leave the U.S. while an NTA is pending; departure could trigger re-entry bars or affect future documentation, and legal guidance are essential. A well-planned response can preserve your status and keep future immigration options open. with inputs from Manizeh Mistry, Deputy Head - Global & U.S. Immigration at LawQuest. (Disclaimer: The opinions expressed in this column are that of the writer. The facts and opinions expressed here do not reflect the views of USCISimmigration attorneysICE (Catch all the Business News, Breaking News, Budget 2024 Events and Latest News Updates on The Economic Times.) Subscribe to The Economic Times Prime and read the ET ePaper online. NEXT STORY
Time of India
4 days ago
- Business
- Time of India
American job slowdown, H‑1B backlash: Is the clock ticking for Indian talent in the US?
Is the clock ticking for Indian talent in the US? In August 2025, the U.S. Bureau of Labor Statistics (BLS) did something uncharacteristically jarring—it quietly downgraded previous job estimates, revealing that 258,000 jobs initially reported for May and June had not, in fact, materialised. July's fresh data wasn't any better: Only 73,000 new jobs were added, marking the weakest performance since the COVID-19 collapse of 2020. The picture was bleak enough to prompt a public reckoning. As Douglas Holtz-Eakin, former director of the Congressional Budget Office, told CNN, 'The job market is terrible. Outside of education and health, the economy has lost private sector jobs in the past three months. That's terrible. ' It wasn't just a statistical correction—it was an unmistakable signal that the engine of job creation was losing steam. President Donald Trump's reaction to the BLS report? Swift and severe. He fired BLS Commissioner Dr Erika McEntarfer, accusing her of intentionally damaging the economy's image ahead of the election cycle. The move sent shockwaves—not only because it politicised statistical reporting—but because it underscored a dangerous truth: when narratives trump numbers, policy decisions can become erratic and targeted. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like The Simple Morning Habit for a Flatter Belly After 50! Lulutox Undo For Indian professionals on H‑1B visas, many working in sectors (mostly tech) directly affected by these shifts, this wasn't just a Washington shake-up. It was a flashing red light. Economic gloom and the growing crisis for Indian techies on H-1B visa Nowhere has the economic slowdown hit harder—or more symbolically—than in the technology sector, the very engine room of American innovation and the primary destination for skilled Indian immigrants on H‑1B visas. According to Crunchbase, over 95,000 U.S.-based tech workers were laid off in 2024, with an additional 4,500 roles eliminated in just one week of July 2025. The CRN list of 2025 tech layoffs reads like a who's who of Silicon Valley titans: Meta, Microsoft, Amazon, Google, Salesforce, Intel, and Oracle. Salesforce, notably, has placed a full freeze on hiring new software engineers this year. These aren't merely cyclical belt-tightening measures. They mark a structural recalibration of the sector—away from expansive hiring and toward leaner, AI-driven operational models. And that recalibration comes with a sharp, often underdiscussed casualty: H‑1B visa holders, the majority of whom are Indian and heavily concentrated in tech roles. Indeed, according to the National Foundation for American Policy, Indian nationals received 72% of all H‑1B visas in recent years. Top sponsoring firms include Amazon, Cognizant, Infosys, and TCS—all deeply enmeshed in the tech ecosystem now undergoing contraction. The fallout is visible and brutal. As per Bloomberg, more than 200,000 tech workers were laid off in the U.S. between November 2022 and January 2023 alone, and industry estimates suggest that 30–40% of those affected were Indian IT professionals. Nearly 80,000 Indian workers on H‑1B and L‑1 visas have faced job losses since late 2022, many with just 60 days to find a new employer before being forced to leave the country. This is not just an economic hiccup. It's a systemic shock—a cold pause that is statistical, immediate, and structurally skewed against the very immigrant talent that helped build the American tech miracle. The rising heat against OPT and H‑1B deepens the crisis The American economic engine may be sputtering, but for Indian professionals in the U.S., it's not just the slowdown that's cause for alarm. A rising wave of political hostility toward high-skilled immigration—especially the OPT and H‑1B visa programmes—is turning an economic risk into a full-blown career crisis. The Optional Practical Training (OPT) programme—long considered the vital bridge from American universities to the U.S. workforce for international students—is now facing the threat of repeal. Critics have labelled it a regulatory loophole, arguing that it allows foreign graduates to bypass traditional labour certification and take American jobs. Leading the charge are figures like Jessica Vaughan of the Center for Immigration Studies, who calls OPT a 'shadow guestworker programme.' And in a chilling turn, Joseph B. Edlow, now USCIS Director, has declared his intent to 'remove the ability for employment authorizations for F‑1 students beyond the time that they are in school.' This isn't just political theatre. Ending OPT would dismantle the first step in the employment ladder for thousands of Indian graduates, especially in STEM fields where they make up the overwhelming majority. For many, OPT isn't just optional—it's their only on-ramp to long-term employment and eventual H‑1B sponsorship. The rhetoric extends well beyond student pathways. Former Trump strategist Steve Bannon has called for an immediate moratorium on all foreign student visas, declaring: 'No foreign students should be in the country right now.' His remarks have been echoed—more pointedly—by Congresswoman Marjorie Taylor Greene, who has explicitly demanded a ban on Indian H‑1B visa holders, claiming they displace American tech graduates. What was once fringe positioning is now bleeding into legislative language and policy debate. The MAGA playbook is evolving from anti-undocumented sentiment to a more coded, targeted hostility toward high-skilled immigrants—particularly those from India, who dominate both the H‑1B and OPT pipelines. A vicious loop: Job cuts, visa heat, and the Indian immigrant squeeze The combination of shrinking tech opportunities, hostile political rhetoric, and legal uncertainty is producing a chilling effect that's both economic and existential. None of these developments—slowing job growth, rising layoffs, or anti-immigrant sentiment—exist in isolation. They're mutually reinforcing. A weaker economy provides the political cover to restrict immigration. Restricting immigration further strains sectors already short of talent. It's a vicious loop, and Indian workers are caught in the middle. TOI Education is on WhatsApp now. Follow us here . Ready to navigate global policies? Secure your overseas future. Get expert guidance now!
Time of India
04-08-2025
- Business
- Time of India
Who is Steve Bannon? The Harvard-educated banker who briefly served as Trump's chief strategist
When Steve Bannon recently proclaimed that 'no foreign students should be in the country right now' and called for an end to H‑1B visas, it sparked global headlines and fresh anxiety across Indian student and tech communities. But behind the controversy lies a career shaped by elite education, military discipline, high finance, and a polarising chapter in American politics. So who is Steve Bannon, really? From Norfolk to the Navy Born in 1953 in a working-class Irish-Catholic family in Norfolk, Virginia, Stephen Kevin Bannon's early years were unremarkable—but he stood out for his discipline and drive. He earned his B.A. in urban planning from Virginia Tech in 1976, where he was active in student government and edited the school newspaper. Rather than head directly to business or law school like many of his peers, Bannon joined the United States Navy, serving as a surface warfare officer aboard a destroyer and later as a Pentagon aide. Even while in uniform, Bannon was studying—earning a master's in national security studies from Georgetown University at night. Harvard Business School and the big break After leaving the Navy in the early '80s, Bannon set his sights on Wall Street. He enrolled at Harvard Business School, graduating with an MBA in 1985. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Pierce Brosnan's Wife Lost 120 Pounds - This Is Her Now Undo He later described the experience as transformative, saying Harvard 'taught him how the world really works.' His next move was into the high-stakes world of investment banking. He joined Goldman Sachs, where he worked on mergers and acquisitions, particularly in the media sector. Bannon rose quickly, eventually co-founding his own boutique firm, Bannon & Co. One of his smartest deals? Negotiating a small equity stake in Seinfeld 's syndication profits—a stream of income that would serve him well in the decades to come. Hollywood, documentaries, and a shift to ideology In the 1990s, Bannon moved to Los Angeles, pivoting into the world of media production. He produced several low-profile films and documentaries, but it wasn't until the early 2000s that his ideology began to clearly shape his work. He directed In the Face of Evil , a Reagan-era documentary that would later catch the attention of conservative circles. That project marked the beginning of Bannon's ideological transformation—from financier to nationalist firebrand. Breitbart and the rise of the alt-right In 2007, Bannon became involved with Breitbart News, a right-wing website founded by Andrew Breitbart. After Breitbart's death in 2012, Bannon took over and refashioned the site into what he famously called 'the platform for the alt-right.' Under Bannon, Breitbart trafficked in controversial and hyper-partisan content, gaining popularity among conservatives disillusioned with mainstream politics. He positioned himself as a cultural warrior, often blending economic populism with harsh rhetoric on immigration, Islam, and globalism. Trump's campaign and a brief White House stint Bannon's influence peaked when he joined Donald Trump's 2016 presidential campaign as its CEO during its most critical stretch. He helped sharpen Trump's messaging around nationalism, trade protectionism, and immigration, becoming an architect of what he called 'economic nationalism.' Following Trump's victory, Bannon was named White House Chief Strategist, a role he held from January to August 2017. His tenure was marked by clashes with other top officials and a controversial presence in policymaking. He was reportedly behind some of the administration's early hardline immigration and travel ban policies. But Bannon's time in the White House was short-lived. After months of infighting and negative press, he was pushed out. Trump later distanced himself from Bannon, calling him 'Sloppy Steve' after a very public fallout. Global nationalism and more controversy Since leaving the White House, Bannon has tried to shape nationalist movements in Europe and has remained a provocateur in American media and politics. He was indicted in 2020 on fraud charges related to a fundraising campaign for Trump's border wall—charges that were later dropped after a presidential pardon. As of 2025, Bannon is back in the spotlight for his hardline views on education and immigration, calling for: A ban on H‑1B visas Immediate departure of foreign graduates after finishing U.S. degrees The dismantling of post-study work programs like OPT These statements have drawn strong reactions from tech leaders, universities, and immigration advocates, with critics calling them economically self-defeating and socially divisive. Bannon's lasting influence Bannon is no policymaker today, but he remains an influential voice in far-right circles, particularly those shaping conservative views on immigration, education, and globalisation. For students and aspiring professionals, his words are a reminder that U.S. immigration policy can shift with the winds of political ideology, even if not immediately. Understanding the thinkers behind these positions, including their backgrounds, helps decode the bigger picture. Steve Bannon is a man of contradictions: a Harvard graduate who now rails against elite institutions, a former investment banker who became a voice of economic populism, and a media producer who once helped elect a president, only to be cast aside by him months later. Whether you agree with him or not, Bannon's journey from classrooms and boardrooms to political war rooms reveals the winding paths that education, ideology, and ambition can take, especially in America's volatile public sphere. TOI Education is on WhatsApp now. Follow us here . Ready to navigate global policies? Secure your overseas future. Get expert guidance now!
Time of India
29-07-2025
- Business
- Time of India
Republican Guv Ron DeSantis calls H-1B visa a scam, says it's not illegal but...
Florida Guv Ron DeSantis called H-1B visa program a scam. Florida Governor Ron DeSantis called the H-1B visa program a total scam as Americans are getting laid off, making way for foreign workers. H-1B is the visa program that allows US companies to hire foreign workers. It has become a contentious issue as US big techs including Microsoft, Intel announced major layoffs. Republicans want H-1B to end while the Donald Trump administration is planning major changes in the program. 'They're laying off all these American workers and then they're importing H1B visa people to work for cheaper. I think that's a total scam. I don't think that's good. Yes, it is legal the way they're doing it. I acknowledge that. They're using something that's on the books. But is that good policy for us as a country to have Americans put out of work and then to bring in H1B (visas)? And then they do chain migration from the H1B. So the H1B is bringing in other folks,' DeSantis said. DeSantis compared the dynamic to indentured servitude, citing how H‑1B workers are tied to a single employer, which companies exploit to cut costs. Earlier in January 2025, he called out broad issues with the H‑1B system, sharply criticizing practices where Americans train H‑1B workers who then replace them, asking how such a system could even be acceptable. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Indonesia: Unsold Sofas at Bargain Prices (Prices May Surprise You) Sofas | Search Ads Search Now Undo The comment came as recently vice president JD Vance spoke about the H-1B issue and said the displacement of American workers makes him worried. "You see some big tech companies where they'll lay off 9,000 workers, and then they'll apply for a bunch of overseas visas. And I sort of wonder; that doesn't totally make sense to me." "That displacement and that math worries me a bit. And what the president has said, he said very clearly: We want the very best and the brightest to make America their home. We want them to build great companies and so forth. But I don't want companies to fire 9,000 American workers and then to go and say, 'We can't find workers here in America.' That's a bullshit story," he said.
What's On
11-07-2025
- Business
- What's On
UAE to US visa fees to rise with new extra Dhs900 charge from 2026
If you're planning a trip to the United States from the UAE, there's an important update to keep in mind. Starting from fiscal year 2026, applicants for nearly all US non-immigrant visas will need to pay a new $250 'Visa Integrity Fee', thats Dhs918.26. This charge comes in addition to the current standard application fee of Dhs679.51 ($185) – nearly tripling the total cost for travellers. This change is part of the recently passed 'One Big Beautiful Bill Act' in the US, a sweeping immigration reform designed to strengthen visa compliance and help fund enforcement systems. As a result, the fee will be mandatory for most categories, including tourist (B‑1/B‑2), student (F/M), exchange visitor (J), and work (H‑1B) visas. So, what's changing? The fee is non-waivable and must be paid at the time of application. While some travellers may be eligible for partial refunds, it's conditional on strict compliance. You must avoid working illegally, ensure you leave the US within five days of your visa expiring, and refrain from applying to extend your visa. If any of these conditions aren't met, no refund will be issued. This also means that a typical tourist visa could cost around $435 or more, depending on other processing or service fees. For families or business travellers applying together, the costs can climb significantly. Does it apply to everyone? Yes, for the most part. This fee affects all UAE-based applicants heading to the US on temporary, non-immigrant visas. That includes: Tourists Students and scholars Temporary workers Exchange programme participants Even those applying from GCC countries like Saudi Arabia, Bahrain, and Qatar will be subject to the surcharge if applying from within the UAE. Why is this important now? While the new rule won't come into effect until fiscal year 2026, it's a clear signal that visa costs are going up – and likely to keep rising. The legislation ties future increases to inflation, so travellers should budget accordingly. Planning a holiday to the US next year? Start your application early, stay informed through the US Embassy UAE website, and factor the higher costs into your travel plans. The message is clear: while the US remains a top global travel destination, getting there from the UAE will soon require a little more financial planning. > Sign up for FREE to get exclusive updates that you are interested in
