H-1B visa holders in the US, who have been laid off from their jobs, are getting deportation notices, despite a 60-day grace period being in place. The matter was reported by NAFSA -- an association of international educators.
NAFSA stated that US Citizenship and Immigration Services (USCIS) was sending "Notices to Appear" to some H-1B holders whose employers were withdrawing the petitions after an ‘employment separation’.
The non-profit professional organization for professionals in all areas of international education said it was cognizant of the reports that such notices were being sent by the USCIS.
A Notice to Appear (NTA) begins the deportation process before an immigration judge.
DHS rules about deportation and grace period explained
H-1B visa rules state that when the holder's employment ends – voluntarily or involuntarily – they and their dependents can stay in the US up to 60 days or till the I-94 expires, whichever comes earlier.
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This period is meant to help the individual seek new employment, change their visa status, or make plans to leave.
{{/usCountry}}This period is meant to help the individual seek new employment, change their visa status, or make plans to leave.
{{/usCountry}}NAFSA cited 8 CFR 214.1(l)(2) to make its case, which states “An alien admitted or otherwise provided status in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN classification and his or her dependents shall not be considered to have failed to maintain nonimmigrant status solely on the basis of a cessation of the employment on which the alien's classification was based, for up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter, once during each authorized validity period.”
However, 8 CFR 214.1(l)(2), apart from providing the 60-day grace period, also states that the “DHS may eliminate or shorten this 60-day period as a matter of discretion.”
NAFSA also noted that issuing NTAs solely on the basis of employers withdrawing the petitions is not in the scope of USCIS's February 28, 2025, issuance policy memo.
The moves comes amid the Donald Trump government's crackdown on immigration.