Increasing NTAs for H1Bs: What Applicants Need to Know

The issue of increasing NTAs for H1Bs is raising concern among foreign workers in the U.S. More cases are emerging where H1B employees who lose their jobs end up facing removal proceedings. The sequence typically looks like this:

1. An H1B employee resigns or is laid off.

2. The employer withdraws the H1B petition.

3. USCIS issues a Notice to Appear (NTA), placing the worker in immigration court.

This development highlights why H1B holders must understand the risks and act quickly when employment ends.

Why We’re Seeing Increasing NTAs for H1Bs

The increasing NTAs for H1Bs can be linked to USCIS’ heightened scrutiny of visa compliance and its closer coordination with ICE. When a petition is withdrawn, USCIS records show that the worker has lost status. Rather than allowing time to quietly depart or adjust, USCIS has been moving faster to issue NTAs.

While not every H1B worker in this situation receives an NTA, the growing number of cases shows that it is no longer rare.

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How Does It Affect Workers

An NTA for H1B carries serious consequences. It means being placed in removal proceedings before an immigration judge, a process that can be stressful, costly, and time-consuming. Beyond that, it may impact:

• Eligibility for future visas or extensions

• Green card applications already in process

• Ability to travel internationally without complications

Even workers actively filing new petitions or changes of status may still receive an NTA, complicating their cases further.

Protecting Yourself

If you are currently in H1B status, preparation and speed are critical:

• Know your 60-day grace period. You have limited time after termination or resignation to find a new employer, change status, or leave the U.S.

• File promptly. Submit transfer or change-of-status petitions as quickly as possible and keep thorough records.

• Get legal advice immediately. If you receive an NTA for H1B, consult with Shan Potts Law Offices right away. Strong representation can make a critical difference in your case.

Final Thoughts

The reality of increasing NTAs for H1Bs means that job loss carries higher risks than before. Staying informed and acting quickly are the best ways to protect your future in the U.S. If you find yourself facing this situation, professional legal guidance is essential.