Some H-1B visa holders have reported receiving Notices to Appear (NTAs) in immigration courts during their 60-day grace period.
When an H-1B visa holder’s employment ends or is terminated, they enter a 60-day grace period. During this time, they can pursue other avenues for remaining in the United States, such as filing to change to another nonimmigrant status or filing an H-1B transfer to a new employer.
The grace period, however, is discretionary, and USCIS may refuse to apply the grace period in certain cases, as noted in the 2016 regulation 8 CFR 214.1(l)(2).
In those cases, an NTA can be issued by the Department of Homeland Security, initiating removal proceedings for the H-1B visa holder. With the recent reports of H-1B visa holders receiving NTAs, it appears that USCIS is using its discretion to limit the 60-day grace period for some.
How would USCIS know an H-1B worker was terminated from employment? Employers are required to report H-1B worker terminations to USCIS. From some reports, USCIS is now using this information to trigger NTAs.
We will keep you updated. If you have questions or concerns, contact us and we would be happy to speak with you.