In recent times, the journey of foreign professionals working in the United States on H-1B visas has become increasingly uncertain. A new report by NAFSA: Association of International Educators reveals that some H-1B workers are receiving Notices to Appear (NTA) — a formal document initiating deportation proceedings — even though they are still within the legally permitted 60-day grace period after losing their jobs. This development has raised serious concerns among immigration advocates, legal experts, and affected individuals alike.
Traditionally, when an H-1B employee is laid off — whether voluntarily or involuntarily — the U.S. immigration system provides a cushion of up to 60 days or until the I-94 visa expires (whichever comes first). This grace period is meant to allow enough time to either find a new job, switch to another visa category, or prepare to leave the United States in an orderly manner. It was considered a reasonable buffer to avoid penalizing skilled professionals caught in unexpected employment changes.
However, the recent reports suggest a change in how this rule is being interpreted and enforced. The issuance of NTAs within the 60-day grace period points to an increasing use of discretionary powers by the Department of Homeland Security (DHS). While the regulation clearly states that losing a job does not mean an automatic loss of immigration status during the 60-day period, it also grants DHS the authority to reduce or cancel this grace period at its discretion. This has become a worrying gray area.
For those unfamiliar, an NTA (Form I-862) is not just a warning letter — it is a formal charge that puts an individual on the path to potential removal from the U.S. Once an NTA is issued, the affected person must appear before an immigration judge and can no longer simply switch employers by filing a change of status. This not only disrupts their career but also places their entire immigration journey at risk, often impacting their families too.
Immigration attorneys are advising affected individuals to act quickly and not to rely solely on the grace period. The safest approach now is to begin searching for a new employer immediately after a job loss, initiate a transfer or change of status as soon as possible, or if necessary, prepare to leave the country within the timeframe. Waiting passively could lead to the issuance of an NTA, even if one believes they are well within their rights.
This situation also highlights how vulnerable H-1B workers can be, even though they are often highly skilled and legally present in the U.S. The fear of suddenly facing deportation despite following the rules adds to the mental and emotional strain of job loss. It also puts pressure on the immigration system, making it harder for foreign talent to feel secure in planning their future in the country.
While the focus remains on job-related issues, fraud and exploitation also continue to plague the H-1B visa process. In Hyderabad, a consultancy manager from Provisas — identified as Sheikh Azad — has been booked by police for allegedly cheating a woman from Moosapet. She had paid Rs 7.1 lakh in installments after being promised an H-1B visa. But after months of waiting, she was left without a visa and with no clear answers. Cases like this show how hopeful applicants are sometimes taken advantage of due to the complexity and demand around the visa.
The current situation is a reminder that reforms are needed to make the H-1B system more transparent, fair, and predictable — not just for workers already in the U.S., but also for those aspiring to go there. Clearer guidelines on grace periods, consistent enforcement of rules, and tighter action against visa-related frauds are essential steps to protect both legal immigrants and the integrity of the U.S. immigration process.
In the meantime, those on H-1B visas should stay informed, act promptly, and seek legal advice when facing employment or visa-related challenges. The environment is changing, and staying ahead of those changes could make all the difference.
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