Laid-off H-1B visa holders in US served deportation notices before 60-day grace period

Several laid-off H-1B visa holders in the United States are receiving Notices to Appear (NTAs), the first step in deportation proceedings, even though they are still within the 60-day grace period legally granted after job termination. 

Immigration lawyers and experts say this move violates existing policies issued by the US Citizenship and Immigration Services (USCIS), causing confusion and distress among affected workers.

Sameer Kedekar, a visa lawyer, shared on social media that many of his clients are facing these issues.

He said that “all individuals receiving NTAs had their H-1B visas withdrawn by employers, but not everyone with a withdrawn H-1B has received an NTA”.

Those who received NTAs are filing Motions to Terminate (MTTs). Kedekar’s firm has filed several MTTs nationwide.

In one case, a judge denied an MTT, stating that the 60-day grace period is discretionary and USCIS (US Citizenship and Immigration Services) exercised its discretion to shorten it by initiating removal proceedings.

One individual received an NTA even though they had an H-1B approved before the employer’s withdrawal. This individual left the US around the time the NTA arrived.

Kedekar warned that USCIS may be quietly using discretion to undermine the 60-day grace period by issuing NTAs during what should be a period of authorised stay.

He said that “the old advice of finding a new job during the grace period or changing status to H-4 or B-2 may now be outdated”.