Over the past few months, a troubling development has emerged for H-1B visa holders who have lost their jobs: the issuance of Notices to Appear (NTAs) during their 60-day grace period. This shift in enforcement practice has raised concern among immigration attorneys and affected workers alike, particularly given the lack of direct notice, inconsistent communication, and legal consequences these NTAs can trigger.

So far, it appears that these NTAs are being issued after USCIS processes the former employer’s withdrawal of the H-1B petition. In some cases, individuals who believed they were safely within their 60-day grace period are finding themselves unexpectedly placed in Removal Proceedings, often without any knowledge that an NTA was issued.

What Is an NTA? A Notice to Appear (NTA) is a charging document issued by the Department of Homeland Security (DHS) that initiates Removal Proceedings before the Immigration Court (known as the Executive Office for Immigration Review). While receiving an NTA does not mean automatic deportation, it places the individual into a legal process that must be addressed; failing to appear at a scheduled hearing can result in a Removal Order being issued in absentia.

Notices Sent to Former Employers—Not the Employee. One of the most concerning developments is that USCIS has sent biometric appointment notices and NTAs to the H-1B worker’s previous employer, not to the individual or their attorney.

As a result, many affected individuals may have no idea they have been placed into Removal Proceedings. Because USCIS does not promptly update mailing addresses , and the petition being withdrawn may no longer list the employee’s current address, the system defaults to the employer’s contact information. Unless the former employer proactively informs the worker, the individual may never receive notice of a hearing, potentially resulting in their being subject to a Removal Order ‘in absentia’ without their knowledge.

Does the 60-Day Grace Period Still Apply? Yes. Under 8 CFR § 214.1(l)(2), certain nonimmigrant workers, including H-1B visa holders, are granted a discretionary 60-day grace period following termination of employment. This period is intended to give individuals time to find a new sponsor, change status, or prepare to depart the U.S.

However, recent patterns suggest that USCIS may issue NTAs shortly after the employer’s withdrawal is processed, particularly when there is no pending change of status or other application on file. While the grace period remains part of the regulation, it is increasingly insufficient to prevent Removal Proceedings from being initiated, especially if no immediate action is taken to preserve status.

What Happens If You Leave the U.S. With an NTA Pending? If you depart the U.S. after an NTA has been issued but before attending your Immigration Court hearing, an in-absentia Removal Order may still be entered against you. This can happen even if you leave voluntarily and never received notice of the NTA.

Such a Removal Order can have serious long-term consequences, including bars to reentry and complications for future visa applications. In many cases, the individual only discovers the order after applying for a new visa or green card abroad. To challenge the order, one must usually file a Motion to Reopen, which can be complex, time-sensitive, and requires strong evidence that the notice was not received.

What H-1B Workers Should Know and Do. If you’ve recently lost your H-1B job, these developments highlight the urgent need for proactive planning:

• Act early: File a new H-1B petition with a new employer, file a change of status, or leave the U.S. within the 60-day window.

• Communicate with your former employer: Ask if they have received any correspondence from USCIS addressed to you—including biometric appointments or hearing notices.

• Consult an attorney immediately after any denial or status change, or if you suspect a withdrawal has been processed.

The issuance of NTAs during the 60-day grace period represents a significant shift in enforcement, particularly given the procedural flaws now coming to light. When critical notices are sent to former employers instead of directly to workers, the system places individuals at risk of removal without due process or meaningful opportunity to respond.

The grace period remains legally valid, but as recent events show, it may no longer function as a true safeguard without swift, informed action by the visa holder, and ideally, cooperation from the former employer.

If you or someone you know has been laid off while on H-1B status, we strongly recommend consulting with GIP to understand your options, preserve your legal status, and avoid unintended consequences.