H-1B Deportation Notices Rise: Legal Stay Ignored

USCIS H-1B visa grace period issue

USCIS has come under scrutiny again for targeting H-1B visa holders who are still within their 60-day grace period. Immigration lawyers say the agency is issuing deportation notices despite the law allowing workers time to find new jobs.

Deportation Notices Raise Concerns

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This trend began after a February policy change that gave USCIS more authority to issue Notices to Appear (NTAs). Originally intended for fraud or serious violations, the rule is now being applied to H-1B professionals who have not broken any rules.

H-1B Rules and Grace Period

An H-1B visa is employer-sponsored. If a worker is laid off, the law provides 60 days to secure another job and remain in the United States legally. But USCIS is now treating an employer’s petition withdrawal as an immediate loss of status, disregarding the grace period.

Growing Impact on Workers

Immigration lawyers report a sharp increase in cases, with thousands of workers suddenly facing deportation proceedings. Many families are left in uncertainty, with careers at risk.

Lawyers Push Back

Attorneys including Steven Brown and Anna K. Gorisch have strongly criticised USCIS for exceeding its authority. They argue the agency is violating its own regulations and undermining fairness.

Calls for Policy Correction

Lawyers say the 60-day grace period was meant to avoid such disruption, yet USCIS is weakening its protection. They are now gathering cases to challenge these actions. For many workers, the situation highlights a worrying reality: even when following the rules, USCIS may still intervene.

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