E-Paper
Laid-off H-1B workers receiving deportation notices before 60-day grace period ends
H-1B visa holders were previously allowed a 60-day grace period to stay in the US in case their employment got terminated either voluntarily or involuntarily.
Many instances of H-1B visa holders receiving Notices To Appear (NTAs) within their 60-day grace period have started to surface, as reported by Greenberg Traurig. Under previous rules, H-1B visa holders were allowed a 60-day grace period to stay in the United States in case their employment got terminated either voluntarily or involuntarily. During this period, they were allowed to take action such as filing for a change of nonimmigrant status, filing an application for adjustment of status, applying for a compelling circumstances employment authorization document, or submitting a nonfrivolous petition to change employers in order to continue living in the country for the long term.
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What does the USCIS say on the matter?
The official website of the United States Citizenship and Immigration Services (USCIS) carries a page outlining ‘Options for Nonimmigrant Workers Following Termination of Employment’.
“If one of these actions occurs within the up to 60-day grace period, the nonimmigrant’s period of authorized stay in the United States can exceed 60 days, even if they lose their previous nonimmigrant status. If the worker takes no action within the grace period, they and their dependents may then need to depart the United States within 60 days, or when their authorized validity period ends, whichever is shorter,” the website states.
“Nonimmigrant status is typically based on an approved Form I-129, Petition for a Nonimmigrant Worker, or, after admission, a subsequently approved Form I-539, Application to Extend/Change Nonimmigrant Status. A period of authorized stay typically includes the period when a timely filed nonfrivolous petition or application requesting an extension of stay or change of status is pending with USCIS.”
The page, however, has now been archived. This implies that the information carried on the page is now out of date, but the content is still available for viewing and reference purposes.
Also Read: ‘This is dire’: Youngsters call for ‘elimination’ of H-1B visa program amid job crisis
Why the sudden change?
In addition, the regulations also specify that the “DHS may eliminate or shorten this 60-day period as a matter of discretion”- a power that seems to now be in use by authorities. Use of this discretionary power now allows the administration to issue NTAs to H-1B visa holders. An NTA is usually considered the first step in removal proceedings.
There has been no official announcement from the Department of Homeland Security or the USCIS in regards to changes in policy.
