Thousands of H-1B visa holders are being issued NTAs before their 60-day grace period expires, defying USCIS policy and triggering legal chaos. Immigration lawyers call for immediate intervention.
A brewing crisis is shaking the core of U.S. immigration policy, as thousands of H-1B visa holders—particularly those recently laid off—are receiving Notices to Appear (NTAs) from the Department of Homeland Security (DHS) before their legally protected 60-day grace period has elapsed. This procedural overreach is not only intensifying fear among foreign professionals but also casting doubt over the reliability of American immigration norms.
By regulation, once an H-1B visa holder loses their job, they are allowed a 60-day window to either transition to a new employer or change their immigration status—often to a B-2 tourist visa—while maintaining lawful presence. During this grace period, employers are required to notify the USCIS of the termination and withdraw their sponsorship. That act is what officially begins the countdown. However, multiple verified reports suggest NTAs are being issued before this grace period concludes—even in cases where the individual has filed for a status change or visa extension.
H-1B Visa Grace Period Violations: A Legal Breach
The DHS’s latest strategy has been attacked by prominent immigration attorney Sameer Khedekar, founder of Vanguard Visa Law. He stresses that the grace period exists specifically to provide breathing space for skilled professionals navigating job loss, not to punish them with premature deportation threats. Supporting this viewpoint, senior legal expert Rajiv S. Khanna refers to a February 28, 2025, USCIS memo, which clearly states that NTAs should only be issued after an individual loses legal status—not while they are still within their lawful 60-day buffer.
This misapplication has grave consequences. Once an NTA is issued, the visa holder is effectively considered out of status. They begin to accrue “unlawful presence”—a status that can lead to years-long bans on re-entering the U.S., along with long-term impacts on any future visa applications.
Thousands of H-1B Visa Holders Are Receiving Weekly Notices to Appear (NTAs)
Data shared confidentially by immigration attorneys suggest that nearly 1,840 H-1B visa holders are receiving NTAs every single week since the start of 2025. The scale and speed of these issuances are alarming advocacy groups and legal experts alike. The practice is being described as a breach of trust and a violation of protections that were supposed to be guaranteed for H-1B professionals navigating transitions between employers or visa types.
This trend has sparked calls for USCIS to urgently reinforce its policies. Immigration law experts are urging the agency to clarify its enforcement protocols and ensure that the full 60-day grace period is respected before taking any removal action against H-1B visa workers.
Ongoing H-1B Visa Uncertainty Amid Policy Proposals
Adding fuel to the fire is the Trump administration’s revived push to overhaul the H-1B visa program. Among the proposed changes: eliminating the current random lottery and replacing it with a merit-based selection system—one that favors higher salaries and longer work experience. While the stated goal is to increase the economic return of the H-1B visa category, the timing of these reforms has only added more stress and instability to visa holders and employers alike. As of now, no rollout date for the new system has been announced.
Digital Surveillance and Visa Scrutiny
Further complicating the immigration landscape are reports of H-1B visa rejections and cancellations based on national security concerns. Several applicants have come under scrutiny for their social media activity, which has led to delays, denials, or revocations of visa statuses without detailed explanations. The monitoring of digital behavior has added a new layer of unease for those attempting to remain compliant while in transition.
Conclusion: H-1B Visa Policy Must Be Clarified and Respected
The premature issuance of NTAs to H-1B visa holders during their federally permitted grace period is not just an administrative error—it’s a systemic failure. It endangers the lives and careers of thousands of skilled professionals who have contributed significantly to the U.S. economy and innovation sectors. Legal authorities and immigrant advocacy groups are unified in their call for the immediate cessation of this practice.
If you or someone you know is currently on an H-1B visa and has been affected by these developments, it is imperative to seek guidance from a qualified immigration attorney. In a climate where even the rules are not being honored, expert legal advice is no longer optional—it is essential.
