Laid-off H1B workers get Notices to Appear despite being in 60 days grace period

Multiple H-1B visa holders who were laid off have received notices to appear (NTAs) from the Department of Homeland Security, despite remaining legal status. However, as per the recipients, the 60-day grace period was still active and had not expired, raising concerns over USCIS enforcement practices. This came as the first step towards possible deportation proceedings.

Several immigration lawyers have expressed their outrage about the added burden of visa notifications after losing an H-1B job. Sameer Khedekar, immigration attorney, explained to TOI, “Upon lay-off, a 60-day grace period is available to an H-1B visa holder who either transfers the H-1B status to a new employer or applies to change his/her visa status…”