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USCIS Issuing Notices to Appear (NTAs) During the 60-Day Grace Period: What H-1B Workers and Employers Need to Know

Recent reports from immigration practitioners reveal a concerning trend: USCIS is issuing Notices to Appear (NTAs) to H-1B workers even when they are still within the 60-day grace period and have timely filings pending. This development raises serious questions about how much protection the grace period truly provides under current enforcement practices.

Understanding the 60-Day Grace Period

Under existing regulations, certain nonimmigrant workers—including those in H-1B, L-1, O-1, and TN status—may remain in the United States for up to 60 consecutive days after employment ends, or until the end of their authorized stay, whichever comes first. During this period, individuals may file a change of employer, change of status, or other benefit applications without being immediately considered out of status.

However, the grace period is discretionary, not automatic, and DHS retains authority to limit or deny it on a case-by-case basis.

Why NTAs Are Being Issued

NTAs appear to be triggered when an employer withdraws an H-1B petition after termination, even if the worker has already filed a timely petition within the grace period. Following USCIS’s February 28, 2025 policy memo, officers are now directed to issue NTAs when a benefit request is denied, and the individual is deemed out of status—sometimes with little room for discretion.

This means that a pending or timely filing may no longer shield workers from removal proceedings in the way it once did.

What This Means for Workers and Employers

For foreign workers, the risk profile has changed significantly. Filing delays, denials, or documentation issues can now carry far greater consequences. For employers, ensuring a proper, bona fide termination—including notifying USCIS and addressing return transportation obligations—remains critical to compliance.

A Question Worth Asking

Given this shift, many are asking:

What concerns you most about the new NTA trends?

Is it the unpredictability, the shortened timelines, or the increased enforcement risk for otherwise compliant workers and employers?

Key Takeaways

• The 60-day grace period does not guarantee protection
• Early, well-documented filings are more important than ever
• Employers and employees should plan for contingencies
• Professional guidance can help reduce exposure to unexpected NTAs

Need help navigating these enforcement trends?

With increased scrutiny and expanded NTA authority, understanding how post-termination filings are handled has never been more important. Whether you are an employer managing compliance obligations or a noncitizen worker facing a transition, proactive legal guidance can help you assess risk and plan your next steps carefully.

Set up a consultation with the Law Office of Jacqueline Lentini, LLC by calling 630-262-1435 or emailing jacki@lentinivisas.com.