USCIS Issues Deportation Notices to Laid-Off H-1B Workers Despite Grace Period

USCIS has started sending deportation notices, known as Notices to Appear (NTAs), to laid-off H-1B workers even when they are still within the 60-day grace period allowed by law. This sudden change, first noticed in early 2025, is causing serious worry among foreign workers, their families, and employers across the United States 🇺🇸.

Since February 2025, USCIS has issued about 1,840 NTAs each week, with many going to H-1B visa holders who recently lost their jobs. This is a sharp increase compared to previous years. The Department of Homeland Security (DHS) is now using its power to shorten or even remove the 60-day grace period for these workers, even though the law (8 CFR 214.1(l)(2)) clearly gives them this time to find a new job, change their status, or leave the country.

There has been no official announcement or updated written guidance from USCIS or DHS explaining this change. Immigration attorneys and advocacy groups, such as NAFSA and several well-known law firms, say this new practice goes against existing USCIS guidance and creates confusion for both workers and employers. Many are calling for immediate clarification and a stop to NTAs during the grace period.

Background and Policy Details

The 60-day grace period was created to give H-1B workers a buffer after losing their job. During this time, they can look for a new employer, apply for a different visa status, or prepare to leave the United States 🇺🇸. The law also says DHS can shorten or remove this period at its discretion, but until early 2025, USCIS usually honored the full 60 days. NTAs were rarely sent unless someone overstayed or failed to take action.

Now, the situation has changed. USCIS is sending NTAs even when workers are still within the grace period or have pending applications for a new status or employer. This means that many H-1B workers are suddenly at risk of being placed in removal (deportation) proceedings, even if they are following the rules.

What This Means for H-1B Workers

• Immediate Risk of Removal: Getting an NTA puts the worker in removal proceedings, even if they are still within the 60-day grace period or have filed for a new status or job. This makes it much harder to simply transfer to a new employer or change visa status.
• Legal Status in Limbo: Once an NTA is issued, the person is considered unlawfully present. This can lead to future visa problems and even bans from returning to the United States 🇺🇸 if not handled correctly.
• Pending Applications Not Enough: Immigration judges are not accepting pending change of status or H-1B transfer petitions as enough to keep someone in legal status once an NTA is issued. Only approved changes are being recognized.
• Risks of Leaving the U.S.: If someone leaves the country after getting an NTA, without first asking for voluntary departure through the immigration court, they could face a re-entry ban of up to 10 years.
• Employer Duties: Employers must notify USCIS and withdraw the H-1B petition when someone is let go. This starts the grace period and, under the new practice, often leads to an NTA.

Advice from Experts and Stakeholders

Immigration attorneys strongly urge H-1B workers to act quickly after a layoff. Do not assume the 60-day grace period will be honored. File any change of status or transfer petitions as soon as possible, and seek legal help if you receive an NTA. Advocacy groups like NAFSA are calling for urgent clarification from USCIS and DHS, warning that this new approach could hurt the United States 🇺🇸 reputation as a place for global talent.

Employers, especially in technology and STEM fields, are worried that this unpredictability will make it harder to keep and attract skilled foreign workers. They are joining calls for clear guidance and a return to the previous practice.

What Should Laid-Off H-1B Workers Do?

1. ✅ After Layoff:
   • Confirm your last day of work and when your employer withdraws your H-1B petition.
   • Remember, the 60-day grace period starts right after termination or petition withdrawal.
2. ✅ During the Grace Period:
   • File a change of status (such as to H-4, F-1, or B-1/B-2) or a new H-1B petition with a new employer as soon as possible.
   • Keep records of all filings and communications.
3. ⚠️ If You Get an NTA:
   • Do not leave the United States 🇺🇸 without talking to an immigration attorney.
   • You may need to ask for voluntary departure through the immigration court to avoid being barred from returning.
   • If your new H-1B is approved, your attorney can ask for removal proceedings to be stopped.
4. 📋 Check Your Case Status:
   • Use your A-number to check for NTAs or removal proceedings through the EOIR Automated Case Information System.

Key Numbers and Facts

• NTAs Issued: About 1,840 per week since February 2025.
• Who Is Affected: Both those with pending status changes and those who have already left the United States 🇺🇸.

Official Response and Legal Opinions

As of August 7, 2025, neither USCIS nor DHS has released a public statement or updated written guidance. The change is being noticed through real cases and reports from attorneys. Legal experts like Dillon Colucci (Greenberg Traurig LLP) and Sameer Khedekar (Vanguard Visa Law) have criticized the new approach and called for immediate clarification.

Historical Context

Before 2025, the 60-day grace period was usually respected, and NTAs were only sent for clear violations. The current shift, happening under the Trump administration, uses DHS discretion to issue NTAs during the grace period, making it much less reliable for H-1B workers.

Looking Ahead

There is no sign that USCIS or DHS will reverse or clarify this policy soon. Legal and business groups continue to push for official guidance and a return to the previous practice. Lawsuits may be filed if the situation does not improve.

Where to Find Official Updates

For the latest official information, visit the USCIS Newsroom. If you are affected, contact a qualified immigration attorney right away.

Summary Table: Key Facts (August 2025)

As reported by VisaVerge.com, H-1B workers should not assume they are protected by the 60-day grace period. Act quickly, seek legal help, and check your case status often. This is the best way to protect your future in the United States 🇺🇸 during this uncertain time.