The documents say 60 days. The deportation notices say ‘now.’ For hundreds of skilled immigrants, America’s immigration promises aren’t matching reality.
Recent reports from law firm Greenberg Traurig reveal a troubling trend: H-1B visa holders are receiving Notices to Appear (NTAs) in immigration court before their 60-day grace period expires after a layoff. This contradicts long-standing USCIS guidelines, leaving many skilled workers in legal limbo.
What’s Supposed to Happen?
Under current rules, H-1B workers get a 60-day grace period after job loss to:
• File for a change of status (e.g., to H-4, F-1, or green card).
• Submit a new H-1B petition with a different employer.
• Apply for a “compelling circumstances” work permit.
• Depart the U.S. without penalty.
USCIS explicitly states that if a worker takes one of these actions within 60 days, they can legally remain in the U.S. beyond the grace period.
What’s Happening Instead?
Despite this policy, attorneys report NTAs being issued during the grace period, forcing workers to defend their stay in court prematurely. Some possible reasons:
– Backlog pressures: USCIS may be auto-generating NTAs without checking grace-period eligibility.
– Policy shift? No official change has been announced, but enforcement appears stricter.
– Employer delays: If a former employer withdraws the H-1B petition too soon, USCIS may flag the worker for deportation.
What Can H-1B Workers Do?
– Consult an immigration lawyer immediately if you receive an NTA.
– Keep proof of job applications or pending filings to show compliance.
– Advocate for clarity: USCIS must clarify if this is a systemic error or a new enforcement stance.
For a system that relies on high-skilled talent, sudden NTAs during a protected grace period undermine trust and America’s competitive edge.