H-1B Visa holders face deportation notices despite legal grace period

Dozens of laid-off H-1B visa holders in the U.S. are reportedly receiving Notices to Appear (NTAs), marking the start of deportation proceedings, even though they remain within the 60-day grace period allowed after job loss. Legal experts say this contradicts existing U.S. immigration policies and is triggering widespread anxiety among affected workers.

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The 60-day grace period is meant to give H-1B professionals time to find new employment, change visa status, or leave the country. However, several cases show that individuals are being sent NTAs while they have already submitted valid applications for status changes — such as transitioning to a visitor visa — and are still awaiting a decision.

According to immigration attorneys, U.S. Citizenship and Immigration Services (USCIS) guidance issued earlier this year clearly states that NTAs should only be issued after an application is denied and the individual is no longer in lawful status. Despite this, some visa holders are receiving NTAs even with timely, non-frivolous applications pending.

This sudden shift in enforcement is creating legal confusion and emotional strain, especially for foreign tech workers navigating an already uncertain job market. Advocacy groups and attorneys are urging federal agencies to follow existing rules and provide clarity.