H-1B Visa Holders Served Deportation Notices Within 60-Day Grace Period

Washington D.C. – U.S. immigration authorities have reportedly initiated deportation proceedings against at least three H-1B visa holders who were still within their legally mandated 60-day grace period following job loss. The concerning development was highlighted on July 2, 2025, by Aaron Reichlin-Melnick, Policy Director at the American Immigration Lawyers Association (AILA), who described it as an "unpleasant thing to track." These actions contradict established U.S. Citizenship and Immigration Services (USCIS) policy, raising significant alarm within the immigration legal community and among foreign workers.

The H-1B visa program allows U.S. employers to temporarily employ foreign workers in specialty occupations. A key protection for these workers, introduced by the Department of Homeland Security in 2017, is a 60-day grace period. This period is intended to allow H-1B workers who lose their jobs to find new employment, change their immigration status, or depart the U.S. without violating their status. During this time, individuals are generally considered to be lawfully present.

Reports indicate that the three affected individuals were served Notices to Appear (NTAs), which initiate removal proceedings, despite actively taking steps to maintain their lawful presence. In one instance, an H-1B worker had already filed an H-1B transfer petition with a new employer. Another had filed a change of status to an H-4 dependent visa, and a third possessed a pending Adjustment of Status application with an Employment Authorization Document (EAD). All these actions are typically considered valid ways to maintain authorized stay during the grace period.

Immigration attorneys, including Rahul Reddy and Emily Neumann of Reddy Neumann Brown PC, have expressed strong concerns, suggesting these NTAs may stem from administrative errors or an overly aggressive enforcement stance. They emphasize that current regulations deem individuals in these situations as lawfully present. The issuance of NTAs under such circumstances creates undue hardship and fear among skilled professionals, potentially undermining the very intent of the grace period designed to provide a safety net.

The legal community is closely monitoring these cases, exploring potential legal challenges and advocating for immediate clarification from USCIS. H-1B visa holders facing job loss are being advised to proactively file any change of status or transfer petitions well within the 60-day window and to seek immediate legal counsel if they receive an NTA during their grace period. This situation underscores broader concerns about the consistency and fairness of immigration enforcement, particularly for individuals striving to comply with complex U.S. immigration laws.