In a recent and troubling development for foreign professionals, U.S. Citizenship and Immigration Services (USCIS) is issuing Notices to Appear (NTAs) to certain H-1B visa holders after their status has been revoked or terminated. This is a significant change from the agency’s prior approach, where individuals in such situations were generally allowed a 60-day grace period to transition or depart without facing removal proceedings. This shift carries serious legal consequences and raises new concerns for affected workers. In this article, we examine what this change means and discuss the practical steps foreign nationals should take to protect their status.

How Were H-1B Terminations Previously Handled?

            The H-1B visa enables U.S. companies to temporarily hire foreign professionals for roles that require specialized knowledge. H-1B employees usually get a 60-day grace period when their job ends. This window allows the individual to seek new employment, request a change of immigration status, or prepare to leave the United States.

Historically, USCIS has not aggressively pursued enforcement actions against H-1B holders during this grace period, especially when they were actively working to remain in legal status. The grace period served as a vital buffer, offering workers a reasonable opportunity to recover from unexpected job loss without the immediate risk of removal proceedings.

What Has Changed in USCIS’s Approach?

In a notable departure from previous practice, immigration attorneys are observing a rise in cases where USCIS issues Notices to Appear (NTAs) to H-1B holders after the revocation or termination of their employment. This trend points to a more assertive enforcement stance by the agency, signaling a shift in how job loss among H-1B visa holders is being handled.

An NTA is a document that initiates removal proceedings. It requires the recipient to appear before an immigration judge to determine whether they should be deported from the United States. Once an NTA is issued, the individual is placed in the immigration court system, which can complicate efforts to depart the country voluntarily, change status, or pursue other immigration benefits.

Although USCIS has long had the authority to issue NTAs to individuals who are no longer maintaining valid status, it rarely exercised this power in employment-based cases, especially when workers were still within the 60-day grace period or were actively pursuing another lawful status. Now, this practice appears to be changing. Immigration authorities are issuing NTAs more quickly and with less discretion. Even individual protecting their immigration status are getting them.

This shift significantly increases the risks for H-1B workers. Removal proceedings delay attempts to change employers or adjust status. It can also result in long-term consequences, including bars to reentry and complications in future immigration filings. The process itself is often time-consuming, stressful, and costly.

What Should H-1B Workers Do Now?

If you have recently lost your job, consider taking the following steps:

• There’s no guaranteed 60-day grace period. It is a discretionary benefit, not an automatic right. USCIS may issue an NTA during this period.
• Act promptly. Take immediate steps after termination to protect your immigration status. Whether you’re finding a new employer, filing a change of status, or preparing to depart from the United States.
• During an H-1B transfer, wait for approval before starting work with the new employer under AC21 portability. While AC21 permits employment based on a pending petition, starting without approval may increase risk if the petition is later denied. Use the premium processing option to expedite decision for the H1B transfer application.
• Maintain proper documentation and track timelines carefully. Keep copies of pay stubs, termination letters, and any correspondence with USCIS. Monitor key dates closely to avoid falling out of status.
• Consult an immigration attorney immediately upon receiving an NTA.
• Do not leave the United States while an NTA is pending. Departing the country with an unresolved NTA may bar reentry to the United States or negatively affect future immigration benefits.

If you have recently lost your job or are facing H-1B termination, ImmigrationUSA is here to help. Our immigration attorneys are closely tracking this developing trend and are ready to provide personalized guidance to help you protect your status and move forward with confidence. We’re with you, every step of the way.