On July 29, 2025, NAFSA was made aware of reports that USCIS has sent "Notices to Appear" to some H-1B beneficiaries whose employers had withdrawn their H-1B petition following an employment separation. A Notice to Appear (NTA) is the document that begins removal (deportation) proceedings before an immigration judge.
This is despite the fact that DHS regulations provide that once during each authorized validity period in the E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN classifications, DHS will not consider the worker and his or her dependents "to have failed to maintain nonimmigrant status solely on the basis of a cessation of the employment on which the alien’s classification was based." See 8 CFR 214.1(l)(2).
A possible explanation is that although 8 CFR 214.1(l)(2) provides for this limited 60-day "grace period," the regulation also states that "DHS may eliminate or shorten this 60-day period as a matter of discretion." For background on USCIS discretion, see the USCIS Policy Manual at 1 USCIS-PM E.8, Discretionary Analysis and 7 USCIS-PM A.10, Legal Analysis and Use of Discretion.
Issuance of NTAs on the sole basis of employer withdrawal of the petition is also not listed in USCIS's February 28, 2025 NTA issuance policy memo.
H-1B beneficiaries who are terminated or otherwise plan to leave their employer (e.g., who are planning to "port" to a new employer) should contact an experienced immigration lawyer, especially if they have received an NTA.
AILA Call for Examples: NTAs Issued During 60 Day Grace Period. August 12, 2025: "AILA’s USCIS Benefits Policy and USCIS Operations Committees seek examples of instances where Notices to Appear (NTAs) have been issued during the discretionary 60-day (H-1B) grace period after the end of employment and/or before the end of the authorized nonimmigrant validity period. AILA Doc. No. 25081361."