Immigration attorneys say USCIS may be undermining its own policy as workers receive NTAs before grace period ends
Several laid-off H-1B visa holders in the United States are being served Notices to Appear (NTAs) — the first official step in deportation proceedings — even though they are still within the legally permitted 60-day grace period after job termination. This has triggered alarm and confusion among visa holders and immigration attorneys, who say the action contradicts existing USCIS guidelines, reported english.gujaratsamachar.com.
Legal stay at risk: USCIS discretion under scrutiny as NTAs arrive early
Immigration lawyers are warning that the US government may be quietly redefining how the grace period is applied to laid-off H-1B workers — potentially treating them as deportable even during their authorised window to remain.
The report quoted Immigration Attorney Sameer Kedekar who revealed on social media that several of his H-1B clients have received NTAs despite still being within their 60-day grace period. In each case, the H-1B petition had already been withdrawn by the former employer, a standard procedure following termination. However, not all workers with withdrawn petitions have been targeted, indicating selective enforcement.
According to Kedekar, his firm has filed multiple Motions to Terminate (MTTs) in response to these NTAs.
In one notable case, a judge denied the motion, asserting that the grace period is discretionary, and USCIS acted within its rights to cut it short by initiating removal proceedings
In another case, an individual received an NTA even after securing a new H-1B approval before the original employer withdrew the prior petition. The individual ultimately left the US shortly after receiving the deportation notice.
Kedekar now warns that traditional advice — such as finding a new job within 60 days or switching to H-4/B-2 status — may no longer guarantee protection, as USCIS appears to be exercising its discretion unpredictably and without public guidance.
The development has raised concerns that the 60-day grace period policy may be weakening in practice, despite no formal change to USCIS rules.
