H-1B Workers Receiving ‘Notices to Appear’ Despite 60-Day Grace Period After Layoffs

Foreign workers in the U.S. on H-1B visas are increasingly receiving ‘Notices to Appear’ (NTAs) from U.S. Citizenship and Immigration Services (USCIS) after job loss—even though immigration rules allow a 60-day grace period for these workers to stay and seek new opportunities.

According to NAFSA: Association of International Educators, several H-1B visa holders are being issued NTAs shortly after their employers withdraw their H-1B petitions due to layoffs or other employment separations.

What is a Notice to Appear?
A Notice to Appear (Form I-862) is a formal document issued by the Department of Homeland Security (DHS) that initiates removal (deportation) proceedings. It requires the individual to appear before an immigration judge and outlines:

• The legal basis for the proceedings
• Allegations regarding their immigration status
• Charges related to their potential removal from the U.S.

The H-1B Grace Period Rule
Under current H-1B regulations, if a worker's employment ends—whether voluntarily or involuntarily—they and their dependents are allowed to remain in the U.S. for up to 60 days, or until their I-94 validity period expires, whichever comes first. This 60-day grace period provides time to:

• Find a new employer willing to sponsor an H-1B transfer
• Change to a different visa status
• File an application to adjust status

Importantly, if the worker files a change of status or adjustment application within this grace period, they may be allowed to remain in the U.S. legally—even if their original H-1B status has ended.

Why Are NTAs Being Issued?
Despite this clear 60-day provision, some H-1B holders are receiving NTAs soon after job termination. This inconsistency may stem from a discretionary clause in the regulation.

The rule does state:

• “DHS may eliminate or shorten the 60-day period as a matter of discretion... and the alien may not work during such a period unless otherwise authorized.”

This discretionary power means that DHS can decide—on a case-by-case basis—not to grant the full 60 days, especially if they believe the individual is unlikely to secure another valid status or if there are other immigration concerns.

What H-1B Workers Should Know
If you are an H-1B worker who has recently lost your job—or are planning a job change—it’s important to:

• Act quickly within the grace period
• File a new petition or change of status as soon as possible
• Seek legal advice if you receive a Notice to Appear

The trend of issuing NTAs despite the 60-day rule appears to have gained momentum under policies introduced during the Trump administration, and may continue under current enforcement practices.

Staying informed and proactive is crucial in navigating this uncertain landscape.

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