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USCIS Issuing NTAs to H-1B Holders During Grace Period
There are alarming reports from immigration law firms and experts that USCIS is issuing Notices to Appear (NTAs) to H-1B holders who remain in the United States during the 60-day grace period after termination of the underlying job. The NTA is a charging document outlining the grounds for removability and the requirement to appear before an immigration judge on a future date. While the 60-day grace period is granted by regulation, it is discretionary and can be shortened or eliminated by DHS discretion. It is being reported by one immigration attorney that over 1800 NTAs have been issued to laid-off H-1B workers since February 2025.
The issuance of the NTAs appears to happen when the employer has withdrawn the H-1B petition, but not all H-1B holders with withdrawn petitions are receiving NTAs. It can happen even if a new H-1B petition has been filed by a new employer. This recent trend appears to be a result of the DHS Policy Memorandum issued on February 20, 2025, expanding the authority of USCIS to issue NTAs. This memo appears to revive a June 2018 memorandum issued under the prior Trump administration and rescinded by the Biden administration in 2021.
What happens if you receive an NTA? One issue is that if a person departs the United States after an NTA has been issued, then the person has “self-deported” and is potentially subject to a bar for returning to the United States. A person should not leave the United States if they receive an NTA. Instead, they should consult an immigration attorney immediately to file a Motion to Terminate.
If an H-1B holder is terminated, then they should immediately consult an immigration attorney about their options. Similarly, if an employer is terminating the employment of an H-1B visa holder, they should first consult with an immigration attorney.
We will continue to monitor this situation.
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DOJ Memorandum on Denaturalization
With the issuance of a memorandum prioritizing denaturalization, the Department of Justice (DOJ) heightens scrutiny of naturalization applications. On June 11, 2025, Assistant Attorney General Brett A. Shumate issued a memorandum outlining enforcement priorities placing denaturalization among leading enforcement priorities alongside combating civil-rights violations, antisemitism, gender-based health care abuse, and sanctuary-jurisdictions litigation. The memo focuses on individuals who “illegally procured” naturalization or procured naturalization by “concealment of a material fact or by willful misrepresentation.” According to the memo, the government has the power to denaturalize “any individuals convicted of crimes who pose an ongoing threat to the United States.”
As background, the government has always had the power to denaturalize individuals who illegally obtained their citizenship through fraud or misrepresentation on their naturalization applications. However, denaturalization has been rare and has focused on suspected war criminals. The new memo provides a list of categories of cases that the DOJ “shall prioritize and maximally pursue denaturalization proceedings.” These categories include people who pose a potential danger to national security including those with a nexus to terrorism, gang members, people who committed violent crimes, and people who engaged in financial fraud against either the United States (including Medicare/Medicaid fraud) or fraud against private individuals or corporations.
The memo opens the doors for the DOJ to bring as many denaturalization cases as possible and really, for any reason. The last two categories of priority groups listed in the memo for denaturalization are:
- “Cases referred by a United States Attorney’s Office or in connection with pending criminal charges, if those charges do not fit within one of the other priorities; and
- “Any other cases referred to the Civil Division that the Division determines to be sufficiently important to pursue.”
These last two categories allow for almost any case to be brought for denaturalization. We will continue to monitor and report on denaturalization efforts. If you have questions or concerns about your application for naturalization, whether it has already been approved, is currently pending, or you are planning to file, please set up a consultation with a T&R attorney.
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Student Visa Interviews Resume with Increased Vetting of Online Presence
The U.S. Department of State (DOS) has resumed student visa interviews after a three week pause on visa appointments for F, J and M visa applicants, but now with increased scrutiny of their online presence. The increased vetting applies to all new and pending visa applications, including those who received waivers of interviews or who already were interviewed but have not yet received their visa.
This new vetting of online presence includes social media accounts and activities, as well as any other information found online. The new rules require all student visa applicants to set their social media accounts to “public.” Consular officers are instructed to scrutinize students’ online profiles to “identify applicants who bear hostile attitudes toward our citizens, culture, government, institutions, or founding principles; who advocate for, aid, or support designated foreign terrorists and other threats to U.S. national security; or who perpetrate unlawful antisemitic harassment or violence.”
If an applicant is found to have an online presence with derogatory information, then more extensive security screening may be required, which will result in increased delays and ultimately a possible visa refusal. Applicants may be penalized for keeping any portion of their online presence “private”, as it will be considered evasive. Consular Officers are instructed to review applicants’ entire online presence, not just social media accounts, “to the maximum extent possible.” Also, having no social media accounts might also be seen as a red flag.
It is still unclear how broadly this policy will be interpreted over time, but it appears directed primarily at political content and activism. The policy applies to all student visa applicants at any U.S. educational institution, including those whose applications are already in progress.
The new social media screening requirement places a very high burden on consular officers and will likely slow down or limit the processing of new student visa applications. Officials are instructed to prioritize expedited visa appointment requests for J-1 physicians and F-1 students studying at universities where international students make up 15 percent or less of the student body.
What does this mean for foreign students? While scheduling appointments for student (F, M and J) visas are resuming, it is anticipated that there will be limited slots available and applicants will face longer delays in the issuance or adjudication of their visas. Foreign students who are already attending school in the United States and need to travel abroad need to consider if they will require a new visa before returning to the United States.
T&R will continue to provide updates on this new policy and how it is being implemented.
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Fiscal Year 2026 H-1B Cap
USCIS has reached the 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year 2026. This means that there won’t be a second selection for H-1B cap cases this year.
H-1B petitions that are not subject to the cap and can still be filed with USCIS include H-1B petitions filed for current H-1B workers who have been counted previously against the cap. USCIS will continue to accept and process petitions filed to:
- Extend the amount of time a current H-1B worker may remain in the United States;
- Change the terms of employment for current H-1B workers;
- Allow current H-1B workers to change employers; and
- Allow current H-1B workers to work concurrently in additional H-1B positions.
Also, petitions for cap exempt organizations can still be filed at any time. These organizations include universities, nonprofit organizations affiliated with universities, government research organizations, and nonprofit research organizations.
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Terminations of Temporary Protected Status (TPS)
Temporary protected status (TPS) provides deportation protection and employment authorization documents to people in the United States if their home countries experience a natural disaster, armed conflict, or other extraordinary event. DHS has recently terminated TPS designation for the following countries:
- Cameroon: TPS benefits will expire on August 4, 2025.
- Haiti: TPS benefits were set to terminate on September 2, 2025; however, a federal judge ordered that the TPS designation for Haiti may not be terminated until February 3, 2026.
- Honduras: TPS benefits will expire on September 8, 2025.
- Nepal: TPS benefits will expire on August 5, 2025.
- Nicaragua: TPS benefits will expire on September 8, 2025.
- Venezuela: TPS benefits under the 2021 TPS designation will expire on September 10, 2025. Under the 2023 redesignation, TPS documents issued after February 5, 2025, are no longer valid.
However, documents issued on or before February 5, 2025, with an October 2, 2026, expiration date remain valid while litigation is pending.
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August 2025 Visa Bulletin
The upcoming August 2025 Visa Bulletin has been released and can be found here. Overall, there is little movement across most employment-based categories, with some backward movement for EB-2s. Here are the dates for the Employment Final Action chart:
- EB-1: No movement since July; China remains at November 15, 2022; India remains at February 15, 2022.
- EB-2: China remains at December 15, 2020; India remains at January 1, 2013; All other countries retrogressed 6 weeks to September 1, 2023.
- EB-3: (1) Professional and Skilled workers – China remains at December 1, 2020; India moves forward one month to May 22, 2013; Philippines remains at February 8, 2023; all other countries remain at April 1, 2023. (2) Other workers – China remains at May 1, 2017; India moves forward one month to May 22, 2013; all other countries remain at July 8, 2021.
- EB-4: Remains unavailable for all countries.
- EB-5 Unreserved: China moves forward almost two years to December 8, 2015; India moves forward six months to November 15, 2019.
Only foreign nationals with priority dates prior to the dates indicated on the visa bulletin can file applications to adjust status or consular process for an immigrant visa.
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