As the U.S. immigration landscape continues to shift, H-1B visa holders are facing increasing uncertainty — especially when it comes to employment stability and maintaining legal status.
A common misconception among foreign workers is that the 60-day grace period following termination by an H-1B sponsoring employer offers guaranteed protection. However, this is at the discretion of the USCIS. While this window theoretically allows individuals to find a new sponsoring employer or change to another lawful status, recent trends suggest that the grace period does not always ensure safety from enforcement action.
We are now seeing instances where, even within this 60-day period, U.S. Citizenship and Immigration Services (USCIS) has issued Notices to Appear (NTAs), initiating deportation proceedings against individuals who have not yet secured a new status or sponsor. This reflects a stricter application of immigration enforcement policies and serves as a warning to H-1B holders to plan proactively.
If you’re currently employed under an H-1B visa, it’s crucial to understand your options and act early. You may consider initiating a transfer to another employer while still employed, which is legally permissible. However, even this approach carries risks. If the new employer later terminates your position, you will once again face the same limited 60-day window — with no guarantee of protection from further action.
To navigate these challenges, H-1B visa holders should:
- Maintain open communication with their employer and legal counsel.
- Proactively plan for contingencies, including alternate visa options.
- Begin the job search well before any employment uncertainty arises.
- Consult with an experienced immigration attorney to ensure full compliance with current USCIS policies.
At Gurnani & Gurnani Law Office, we are committed to guiding our clients through the evolving immigration process with clarity and care. If you are on an H-1B visa and facing employment changes, reach out to us for a strategic consultation tailored to your needs.