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Economic Times
5 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
Newsweek
6 days ago
- Politics
- Newsweek
Immigrants Seeking Legal Status Could Face Deportation Proceedings Instead
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. Immigrants in the United States illegally, or without documentation, could face deportation proceedings even as they seek family-based legal status, new government policy has suggested. In an update to its policy manual late last week, the U.S. Citizenship and Immigration Service (USCIS) added a new section which directly states that the agency can now issue immigration court orders for those seeking legal status through a family member. Newsweek reached out to USCIS for further comment via email Wednesday morning. Why It Matters The Trump administration has made it clear that it is seeking to deport millions of immigrants who either entered the U.S. illegally or have broken immigration laws in some way, such as overstaying a visa. The policy shift on family-based petitions could signal that harder stance is also going to apply to those at least seeking to be in the country legally. Santa Clara, CA, USA — Apr 30, 2022: Exterior view of the United States Citizenship and Immigration Services (USCIS) San Jose Field Office in Santa Clara, California. Santa Clara, CA, USA — Apr 30, 2022: Exterior view of the United States Citizenship and Immigration Services (USCIS) San Jose Field Office in Santa Clara, California. Getty Images What To Know USCIS updated its policies, as is common, on August 1, 2025, including alterations to a section on "Adjudication of Family-Based Petitions." These applications are specific to undocumented immigrants who either marry or are related to a U.S. citizen or legal permanent resident. Immigrants and the petitioner, or sponsor, are often required to have an interview with an immigration officer and have to go through rigorous application forms to meet the criteria for legal status to be granted. That status is given when USCIS can confirm that the individuals involved are relatives or spouses, and that they have provided enough evidence to do this. In the August 1 update, a new paragraph on "Removable Aliens" was added, outlining that a so-called Notice to Appear (NTA) for court hearing could be issued if USCIS determines an immigrant is deportable—i.e. they would be placed in removal proceedings rather than have their status granted. The policy reads: "If USCIS determines the alien beneficiary is removable and amenable to removal from the United States USCIS may issue a Notice to Appear (NTA) placing the beneficiary in removal proceedings. Petitioners and alien beneficiaries should be aware that a family-based petition accords no immigration status nor does it bar removal." While an immigrant may be able to challenge such a ruling, it can take many months for that challenge to be heard. For some immigrants without legal status, this would likely come after years of waiting to adjust their status anyway. Since January 1, 2025, USCIS has received 269,864 petitions for an "Alien Relative," or form I-130, with 162,116 approvals and 21,665 denials. Overall, there are almost 2.4 million pending cases. The agency, which determines immigration benefits within the U.S. under the Department of Homeland Security (DHS), has become increasingly involved in immigration enforcement under the Trump administration. The argument for this is that increased vetting and cross-agency cooperation is necessary to avoid immigration fraud. What People Are Saying USCIS in a memo on NTAs in February 2025: "USCIS is updating its NTA policy to address national security, public safety, and the overall integrity of our immigration system through enforcement of the INA against inadmissible and deportable aliens. Accordingly, USCIS will no longer exempt classes or categories of removable aliens from potential enforcement, which includes referring cases to ICE and issuance of NTAs." What's Next The policy change is effective immediately, but with a backlog in cases of over 2 million, it may take some time for USCIS to begin issuing NTAs and for data to become available on how many immigrants are being placed into removal proceedings.
Time of India
04-08-2025
- Politics
- Time of India
New green card rules for married couples strengthen immigration officials' powers amid backlog; here's how
Green card update strengthens USCIS Live Events Why Green Card updates matter (You can now subscribe to our (You can now subscribe to our Economic Times WhatsApp channel An updated policy guidance has been released by the US Citizenship and Immigration Services (USCIS) focusing on how family-based immigrant visa petitions, commonly used by married couples seeking green cards, are a press release issued on August 1, 2025, USCIS said, "Fraudulent, frivolous, or otherwise non-meritorious family-based immigrant visa petitions erode confidence in family-based pathways to lawful permanent resident (LPR) status and undermine family unity in the United States."The green card update states that approval of a family-based petition does not, in itself, grant legal immigration status. According to USCIS, it may issue a Notice to Appear in removal proceedings if a beneficiary is found to be otherwise removable under U.S. immigration law, Newsweek update aims to clarify existing procedures and enhance the agency's ability to evaluate the validity of marriage-based and other family-related immigration petitions, where spouses or immediate relatives are applying for lawful permanent residency. The guidance explains eligibility criteria, documentation requirements, interview procedures, how USCIS takes care of cases with multiple or related petitions, and when petitions may be referred to other government also clarifies when the agency will send approved petitions to the Department of State's National Visa Center, especially if a beneficiary initially sought to adjust status in the U.S. but was later found new policy is effective immediately and applies to both pending and newly filed petitions. The latest update comes as USCIS deals with a major backlog of immigration cases, with 11.3 million pending to Newsweek, USCIS data from January to March 2025 states that some immigration categories are witnessing worsening delays, with processing times rising up. Applicants are left waiting months or even years as backlogs continue to mount each quarter.
Indian Express
04-08-2025
- Politics
- Indian Express
US green card rules tightened for married couples: All you need to know
The United States Citizenship and Immigration Services (USCIS) has introduced new policy guidance to strengthen the way it processes family-based immigration petitions especially those based on marriage. The updated rules, published on 1 August 2025 in the USCIS Policy Manual, are now in effect. They apply to both newly submitted and pending applications for lawful permanent residence (commonly known as green cards). The agency said the changes are part of an effort to better detect fraudulent applications and verify whether claimed family ties particularly marriages are real and legally valid. In its official statement, USCIS said: 'Fraudulent, frivolous, or otherwise non-meritorious family-based immigrant visa petitions erode confidence in family-based pathways to lawful permanent resident (LPR) status and undermine family unity in the United States.' It added that the new rules aim to ensure that family relationships 'are genuine, verifiable, and compliant with all applicable laws.' Couples applying for a green card through marriage must now submit stronger documentation to demonstrate that their relationship is real. This includes: USCIS may also review any previous petitions involving the same sponsor or applicant. In-person interviews will now be required more frequently to assess the validity of the marriage. Officials may ask questions to confirm how well the couple knows each other and to verify details about their life together. Closer scrutiny of immigration history and duplicate filings. USCIS will examine the applicant's immigration history more closely. This includes: The aim is to detect patterns that may suggest misuse of the system or repeated attempts to obtain status through questionable means. The agency made clear that approving a family-based petition does not automatically shield the applicant from removal (deportation). 'We may issue a Notice to Appear if the beneficiary is otherwise removable, since a family-based immigrant visa petition does not grant immigration status or relief from removal,' USCIS stated. Even if a petition is approved, an applicant found ineligible to adjust status could still face deportation. The new guidance also outlines special situations where a US citizen may file a Form I-130 (Petition for Alien Relative) directly with the US Department of State abroad. This includes: Petitions may be routed for overseas processing If an applicant submits an adjustment of status application within the US but is later found ineligible, USCIS may forward the petition to the Department of State's National Visa Center for further processing outside the US. These updated rules apply immediately to all family-based immigration petitions filed on or after 1 August 2025, as well as those already pending. The full policy guidance is available on the official USCIS website.
News18
04-08-2025
- Politics
- News18
US Makes Green Card Process Tougher For Married Couples: What's Changed?
Last Updated: The new rules apply to all pending and new petitions, including those filed by Green Card holders and US citizens sponsoring foreign spouses or relatives On August 1, 2025, the US Citizenship and Immigration Services (USCIS) implemented a major policy update that tightens the rules for family-based green card applications, with a specific focus on marriage-based petitions. The update applies immediately to all pending and new petitions, including those filed by Green Card holders and US citizens sponsoring foreign spouses or relatives. What Are The New Requirements? Stricter Documentation for Marriage-Based Applications Couples must now present strong, verifiable evidence of a genuine marital relationship. This includes: Joint financial records (bank accounts, leases, mortgages) Photographs taken over time Affidavits from friends or family These will be critically evaluated during the application and interview stages. USCIS will now require interviews for most marriage-based petitions. These interviews aim to assess the authenticity of the relationship and may include detailed questions about the couple's life together. Scrutiny of Prior Applications Officers will review multiple filings made by the same sponsor or involving the same beneficiary. This is intended to detect patterns that may indicate marriage fraud or immigration abuse. Closer Review of Immigration History Applicants already in the US, for instance, on H-1B or other visas, who apply for green cards through marriage will face a stricter review of their legal status and history. Can You Be Deported Even After Petition Approval? Yes. The approval of a Form I-130 petition, the standard application for family-based immigration, does not grant legal status or protect against deportation. If USCIS finds that a beneficiary is otherwise removable, they may issue a Notice to Appear (NTA), placing the individual in removal proceedings even if their green card petition was approved. Why Has USCIS Made This Change? In its official statement, USCIS said that such fraudulent petitions 'erode confidence in family-based pathways to lawful permanent resident (LPR) status and undermine family unity in the United States." The policy also ties into broader national security concerns, with USCIS stating it is 'committed to keeping Americans safe by detecting individuals with potentially harmful intent so they can be processed for removal." The new framework is meant to standardise officer guidance, improve vetting capacity, and enforce stronger documentation, especially in marriage-based immigration, which accounts for a large share of new permanent residents in the United States each year. What Else Is In The USCIS Update? Beyond tightening marriage-based scrutiny, the new guidance consolidates and clarifies several existing policies into one streamlined framework: USCIS has reorganised and retitled key chapters in its policy manual to provide more consistent instructions on who qualifies, what documents are needed, and how officers should assess applications. The goal is procedural uniformity. Petitions Filed Abroad in Special Cases In certain cases, such as petitions by US military personnel or US government employees stationed overseas, the Department of State (DOS) may be authorised to accept Form I-130 directly at a US embassy or consulate. The update also explains when the DOS can temporarily accept petitions during large-scale disruptive events, such as natural disasters or conflicts that impede USCIS operations. Handling Ineligibility After Approval Usually, USCIS routes approved petitions to the National Visa Center (NVC) for further processing. But if it later determines that the beneficiary is ineligible to adjust status within the US, for example, due to overstaying a visa, the case may instead be rerouted for consular processing abroad. Clarity on Duplicate or Related Petitions A new section guides USCIS officers on how to evaluate multiple or duplicate petitions, for example, when the same sponsor has filed several applications. This is aimed at identifying fraud or abuse. Affected Policy Manual Sections These changes are officially recorded in: The Financial Context: Who Is Affected? Under US immigration law, Green Card holders and US citizens can file Form I-130 (Petition for Alien Relative) for spouses, children, siblings, or parents. Family-based immigration remains the largest contributor to new permanent residents, with immediate relatives alone comprising around 40 per cent of all new green card recipients annually. With these new guidelines: Existing applicants must recheck their documentation and eligibility Future applicants should prepare for a more thorough vetting process The financial and legal risks of submitting weak or misleading applications have increased significantly Recent Case That Prompted Stricter Checks In May, Aakash Prakash Makwana, an Indian national, pleaded guilty to marriage fraud after overstaying a J-1 visa. He submitted forged documents, claimed false cohabitation, and faked domestic abuse claims to obtain a green card. Such cases have been cited by USCIS as examples of how the system can be exploited — and why it now demands more rigorous scrutiny. What Should Couples Do Now? If you're planning to apply for a green card through marriage: Start gathering strong evidence of your relationship Avoid submitting inconsistent or incomplete documents Prepare thoroughly for the in-person interview If you've previously filed a petition or overstayed a visa, consider seeking legal counsel In Summary top videos View all The new USCIS guidelines, effective August 1, 2025, apply to all pending and new family-based green card petitions. The rules significantly tighten scrutiny of marriage-based applications, making in-person interviews and detailed documentation mandatory. Couples must now provide joint financial records, photographs, and affidavits, while repeat filings or mismatched immigration histories may trigger deeper investigation. Even if a green card petition is approved, the beneficiary may still face deportation if they are found removable on other grounds. The move signals a broader push to preserve the integrity of family-based immigration by ensuring that only genuine, verifiable relationships receive approval. About the Author News Desk The News Desk is a team of passionate editors and writers who break and analyse the most important events unfolding in India and abroad. From live updates to exclusive reports to in-depth explainers, the Desk More Get Latest Updates on Movies, Breaking News On India, World, Live Cricket Scores, And Stock Market Updates. Also Download the News18 App to stay updated! tags : married couple US Green Card US Immigration Policy view comments Location : New Delhi, India, India First Published: August 04, 2025, 09:53 IST News explainers US Makes Green Card Process Tougher For Married Couples: What's Changed? Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. 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