The National Association of Foreign Student Advisers (NAFSA) has reported that some H-1B visa holders, whose employers have withdrawn their H-1B petitions after job loss, are now receiving ‘Notices to Appear’ (NTA) from USCIS.
What Is a Notice to Appear (NTA)?
An NTA (Form I-862) is an official document that tells a non-citizen to appear before an immigration judge. It starts the removal (deportation) process and includes:
The reason for the proceedings
The legal basis for removal
The facts supporting the case
The charges against the person
NAFSA, a respected non-profit group focused on international education, brought attention to this growing concern.
Why This Matters to H-1B Workers
This situation affects foreign workers in the U.S. on an H-1B visa. Normally, if a worker loses their job—either by choice or not—they are given a 60-day grace period to stay in the U.S., or until the end of their visa’s valid period (whichever is shorter).
During this 60-day period, H-1B holders can:
Find a new job
Apply for a change in their visa status
File for adjustment of status
This grace period is meant to help them legally stay in the U.S. and continue their job search.
What’s Changing Now?
Despite this rule, some laid-off H-1B workers are receiving NTAs and being placed in removal proceedings. This contradicts the usual understanding of the 60-day grace period.
Why Isn’t the 60-Day Rule Being Followed?
The official rule says:
A person in E, H, L, O, or TN visa status (including dependents) will not be seen as violating their status just because their job ended—for up to 60 days or until the end of their visa period, whichever is shorter.
However, the rule also gives the Department of Homeland Security (DHS) discretion to shorten or remove this grace period.
It says:
“DHS may eliminate or shorten these 60 days as a matter of discretion… and the alien may not work during this period unless otherwise authorized.”
What Should H-1B Holders Do Now?
This situation creates confusion for foreign workers who have lost jobs or are planning to change jobs.
With DHS having the power to skip or reduce the 60-day grace period, laid-off workers are at greater risk of receiving NTAs.
Some of these changes are linked to policies introduced during the Trump administration, making it more important than ever for H-1B holders to stay informed and act quickly after losing employment.
