This time is becoming very challenging for H-1B visa holders working in America. While on the one hand, the fired employees have been given a 60-day grace period to change the new job or visa status, on the other hand, the US Citizenship and Immigration services (USCIS) has started sending Notice to Appear (NTA) within this period. According to the Pew Research report, indians are given the highest number of H-1B visas in America. About three-quarters (73%) of the H-1B visa holders whose applications were approved in 2023 were from India. china was second, with just 12 percent.
This NTA is the first stage of Deportation Proceedings and is usually issued when a person is living illegally in the US, but now this notice is also being received by those who have pending visa status change applications filed on time.
What is NTA and why is it serious?
NTA i.e. Notice to Appear is a legal document, which is sent to appear in the immigration court. When this notice is received, it shows that deportation proceedings have been initiated against the person. Under this, action for unlawful presence starts. You may face difficulties in extending the visa time limit or obtaining a green card. Apart from this, there may also be a ban of 3 or 10 years on entry into the US in future.
What do USCIS guidelines say?
As per the guidelines issued by USCIS in 2025, an application for change of status can be made within a 60-day grace period. If the application is pending within this time limit, then the person should be considered in Authorized Stay, NTA should not be sent until a decision is taken on that application. However, immigration experts claim that USCIS is no longer following these guidelines and is sending NTA even to those who apply on time.
Rules regarding H-1B visa in America
Recently, the US government is going to make many important changes in the process of issuing H-1B visa. In this regard, the Department of Homeland Security (DHS) has proposed a weighted selection process. In this, instead of the lottery system, those applicants will be given a chance whose profile is better. Let us tell you that the highest number of H-1B visa holders in America are Indians. Because of this, the new change will have the greatest impact on Indians.
Recently, the US government is going to make many important changes in the process of issuing H-1B visa. In this regard, the Department of Homeland Security (DHS) has proposed a weighted selection process. In this, instead of the lottery system, those applicants will be given a chance whose profile is better. Let us tell you that the highest number of H-1B visa holders in America are Indians. Because of this, the new change will have the greatest impact on Indians.
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