H-1B Workers Receiving Removal Notices Despite 60-Day Grace Rule

The U.S. government is issuing Notices to Appear (NTAs) to laid-off H-1B workers—even when they are still within the 60-day grace period granted by law. This development is causing confusion and fear among skilled foreign workers and their families, who believed they were still legally in status while looking for new employment.

What’s Going On With H-1B Workers and NTAs?

Under current immigration law, H-1B workers whose employment ends are given a 60-day grace period to find new employment, change their visa status, or make other legal arrangements. This window is meant to provide a reasonable transition period rather than force immediate departure from the United States.

However, reports from NAFSA: Association of International Educators indicate that some of these foreign workers are receiving Notices to Appear—the official notice used by U.S. Citizenship and Immigration Services (USCIS) to initiate deportation proceedings.

A Notice to Appear (Form I-862) outlines the charges against a noncitizen and requires them to appear before an immigration judge. Receiving this notice can lead to removal proceedings, even when the individual is still actively seeking ways to maintain legal status.

This move raises serious questions about how USCIS is interpreting the rules around H-1B employment termination and whether the 60-day rule is being properly upheld in practice.

Understanding the H-1B Grace Period Rule

According to USCIS guidance, the grace period for H-1B workers begins immediately after the last day of employment. Within this period, individuals can:

1. Transfer to a new H-1B employer

2. Apply to change their nonimmigrant status (e.g., to B-2 or F-1)

3. File for adjustment of status if eligible

4. Prepare to depart the U.S.

5. Explore options such as enrolling in a university program or applying for O-1 or other visa categories

Once any of these applications are submitted, even if they are still pending after the 60-day window closes, the H-1B worker can legally remain in the U.S. while awaiting a decision.

But despite these protections, some workers are now receiving NTAs just days or weeks after termination—well within the legal window meant to offer relief.

Why Are H-1B Workers Receiving NTAs So Soon?

There are several possible explanations, but none provide a satisfying legal justification:

• System error or miscommunication between USCIS and the Department of Homeland Security (DHS)

• Delayed petition withdrawal by the employer triggers automated actions

• Misinterpretation of status when no new petition or change-of-status request is immediately filed

In many cases, it appears the issuance of the Notice to Appear is based not on an illegal stay, but on a technicality—such as the employer having already notified USCIS of the layoff. This automatic notification may signal to the system that the individual is now out of status, even if the 60-day grace rule still applies.

This situation is troubling not only because of the legal risk it creates but also because it contradicts USCIS’s own published policy regarding H-1B layoffs.

USCIS Official Grace Period Rule for H-1B Nonimmigrants

Legal Impact of a Notice to Appear

Once an NTA is issued, the noncitizen is formally placed in removal proceedings. This can have serious and long-term immigration consequences:

• Triggering of unlawful presence accrual

• Bar to future visas or adjustment of status

• Ineligibility for certain relief options

• Increased difficulty securing new employment

Even if the individual is eventually found eligible to remain, the fact that they were placed in removal proceedings creates a legal record that must be disclosed on all future visa and immigration applications.

What H-1B Workers Should Do After a Layoff

Given this legal uncertainty, H-1B workers need to act quickly and carefully after any job termination. Here’s a practical guide:

USCIS generally does not issue NTAs if you have already filed a valid change of status or H-1B transfer petition within the grace period. But the window to act is short and unforgiving.

Employers Also Play a Role

Employers often notify USCIS when an H-1B worker is terminated by filing a petition withdrawal. While this is legally required, employers should also inform their former employees of the exact date the notice was submitted so that they can plan accordingly.

If there’s a delay between the last paycheck and the USCIS withdrawal, the worker may have less time than they think to take action.

A Risk That Needs Clarification

The issuance of NTAs during the grace period undermines the entire point of the 60-day rule. While USCIS has not released an official statement explaining this new trend, the legal community is urging transparency.

Immigration attorneys and advocacy organizations are calling on USCIS to:

• Provide clear guidance on when and why NTAs are issued to H-1B workers

• Stop issuing NTAs during valid grace periods

• Ensure consistency between policy and practice

Until then, H-1B workers should not assume that they are “safe” during the grace period without legal action to preserve their status.

Key Takeaways for H-1B Workers Facing Job Loss

1. You have up to 60 days to act after termination. Don’t waste a single day.

2. An NTA during the grace period is possible—even if unfair.

3. Actively file for status change or new employment within the window.

4. Keep all immigration documents and timelines organized.

5. Work with a trusted immigration professional to avoid missteps.

If you or someone you know has received a Notice to Appear after a layoff, even while still within the grace period, immediate legal support is critical. Removal proceedings are serious and often irreversible without fast and strategic intervention.

Need Help? Maple Crest Immigration Is Ready to Support You

Maple Crest Immigration helps skilled workers and their families stay on track with legal immigration solutions. Whether you’re facing layoffs, NTAs, or are simply unsure what to do next, our experienced legal team can:

• Review your current H-1B status

• Recommend the best path forward

• Handle petitions and filings on your behalf

• Represent you in immigration proceedings if needed

Don’t wait for a Notice to Appear to derail your future. Contact Maple Crest Immigration today for expert help with H-1B job loss and legal options.