H-1B visa holders who have faced employment termination are receiving Notices to Appear from U.S. Citizenship and Immigration Services, raising concerns over the enforcement of the 60-day grace period.
H-1B beneficiaries are encountering complexities as U.S. Citizenship and Immigration Services (USCIS) issues Notices to Appear, despite the supposed protection granted by the 60-day grace period following employment separation. These charging documents instruct the affected foreign workers to appear before an immigration judge, initiating removal proceedings based on specified legal grounds and allegations.
According to the rules governing the H-1B visa, if a worker’s employment ends, either voluntarily or involuntarily, they, alongside their dependents, are required to leave the United States within 60 days or by the end of their visa’s authorized validity period, depending on which is shorter. This grace period allows nonimmigrant workers to pursue a change in nonimmigrant status or adjust their status without having to immediately exit the country. The objective is to provide these individuals a window to maintain their lawful status or seek new employment opportunities within the United States.
However, despite the protective intent of the 60-day rule, some H-1B visa holders have been receiving Notices to Appear, prompting significant concern among foreign workers in the United States. The regulations state that nonimmigrant employees should not be deemed as having failed to maintain their status solely because their employment ceased, within the stipulated timeline. Yet, the discretionary power granted under these regulations to the Department of Homeland Security (DHS) appears to complicate this assurance.
The relevant provisions also state that DHS has the authority to eliminate or reduce the 60-day grace period as a discretionary measure. During this period, foreign workers are not permitted to engage in employment unless explicitly authorized. These considerations are crucial for H-1B visa holders who are between jobs or planning career transitions in the U.S., especially in light of changes implemented by the previous administration under President Trump.
Such developments have emphasized the need for H-1B visa holders to be acutely aware of the evolving regulations and potential uncertainties they might face in maintaining their immigration status. According to NAFSA: Association of International Educators, the dynamic regulatory environment necessitates vigilance and proactive planning by affected individuals.