Notices to Appear (NTAs) Issued During the 60-Day Grace Period
Recent reports from immigration practitioners indicate that USCIS has been issuing Notices to Appear (NTAs) to certain H-1B workers even when they remain within the 60-day grace period and have timely filings pending. This development has raised concerns for both foreign nationals and employers regarding how the grace period may be applied in current enforcement actions.
Understanding the 60-Day Grace Period
Under current immigration regulations, individuals in certain nonimmigrant classifications, including H-1B, L-1, O-1, and TN status, may be permitted to remain in the United States for up to 60 consecutive days following the end of employment, or until the expiration of their authorized stay, whichever occurs first. During this time, eligible individuals may pursue options such as filing a change of employer petition, requesting a change of status, or submitting other immigration benefit applications.
Importantly, the 60-day grace period is discretionary rather than automatic. USCIS and the Department of Homeland Security retain authority to review each case individually and determine whether the grace period applies.
Why NTAs May Be Issued
In some situations, NTAs appear to be issued after an employer withdraws an H-1B petition following termination of employment, even where the worker has already submitted a timely filing during the grace period. In addition, USCIS guidance issued on February 28, 2025, directs adjudicators to issue NTAs in certain cases involving denied benefit requests when the applicant is determined to be out of status.
As a result, a pending filing may not always prevent the initiation of removal proceedings. Workers and employers should be aware that filing timing, supporting documentation, and case-specific factors may affect how USCIS handles these matters.
Considerations for Workers and Employers
For foreign national workers, these developments may increase the importance of timely filings and careful documentation following the end of employment. Delays, filing deficiencies, or petition denials may carry additional immigration consequences.
Employers should also continue to follow proper termination procedures, including notifying USCIS of the termination and addressing any applicable return transportation obligations. Maintaining clear records and compliance procedures may help reduce complications later in the process.
Key Takeaways
- The 60-day grace period is discretionary and may not prevent the issuance of an NTA in every situation.
- Timely and well-documented filings remain important following employment termination.
- Employers and workers should prepare for potential enforcement-related complications.
- Careful legal analysis may help identify available options and compliance considerations.
Planning Ahead During Immigration Transitions
As USCIS enforcement practices continue to evolve, employers and foreign national workers should remain informed about how post-termination filings and status issues are being reviewed. Evaluating available options early may help individuals and businesses respond more effectively to changing circumstances.
To discuss your situation, contact the Law Office of Jacqueline Lentini, LLC by calling 630-262-1435 or emailing jacki@lentinivisas.com.
