Laid-Off H-1B Holders Now Facing NTAs – How EB-5 Can Protect Your Status in the U.S.
The recent wave of tech layoffs has created panic among H-1B visa holders who rely on their jobs to maintain lawful U.S. immigration status. Under U.S. immigration law, laid-off H-1B workers are entitled to a 60-day grace period to find a new job, change status, or depart the country. But a troubling new trend is emerging: many laid-off H-1B professionals are now receiving Notices to Appear (NTAs) in immigration court, even within their grace period. More explanation https://www.eb5brics.com/h1b-visa/eb5
This development is forcing many skilled workers to question whether the H-1B visa is still a secure pathway – and leading them to explore alternatives like the EB-5 investor visa, which offers a more permanent and independent solution.
What Is Happening to Laid-Off H-1B Workers?
Traditionally, the H-1B 60-day grace period provided time to recover from a job loss. However, immigration attorneys report that the Department of Homeland Security (DHS) has started issuing NTAs to H-1B visa holders despite them being within their legal grace window.
NTA (Notice to Appear): A legal notice that initiates removal (deportation) proceedings in immigration court.
Impact: Once an NTA is issued, the H-1B worker must defend their case before a judge, creating enormous legal and financial stress.
This shift in enforcement makes the grace period increasingly unreliable and highlights the fragile nature of H-1B status.
For further information on the H-1B visa, visit the USCIS website: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/faqs-for-individuals-in-h-1b-nonimmigrant-status
Why Are NTAs Being Issued During the H-1B Grace Period?
The regulation governing the H-1B grace period contains a discretionary clause: DHS may shorten or eliminate the 60-day period at its discretion. This legal gray area is now being used to justify issuing NTAs, even when workers are technically still within their allowed time.
For H-1B visa holders, this means that the 60-day grace period is no longer guaranteed. Even with a pending job transfer or change-of-status application, you may still face an NTA. Once issued, an NTA places you in the immigration court system, making your future highly uncertain.
Why EB-5 Is Emerging as a Safer Alternative
The EB-5 Immigrant Investor Program has become a lifeline for many laid-off H-1B professionals who want to secure their future in the U.S. Unlike the H-1B visa, the EB-5 path does not depend on an employer or job security.
Benefits of EB-5 for Laid-Off H-1B Workers
- Secure Status
By filing an EB-5 petition (Form I-526E) with a concurrent adjustment of status (Form I-485), applicants can legally remain in the U.S. even after a layoff.
- No Employer Sponsorship Required
EB-5 investors control their own status without relying on an H-1B employer or lottery system.
- Work and Travel Authorization
EB-5 applicants can receive an Employment Authorization Document (EAD) and Advance Parole, allowing them to work for any employer and travel abroad.
- Secure your status and your dependents
EB-5 applicants can maintain lawful status in the U.S. while their application is pending, and this protection extends to their dependents as well. Unlike with the H-1B, there is no need to worry about losing status in the event of a layoff. Once the EB-5 application is approved, both the investor and their family can obtain green cards.
- Path to Green Card
Successful EB-5 applicants receive a conditional green card, leading to permanent residency and, eventually, U.S. citizenship.
Should You Consider EB-5 After a Layoff?
For many H-1B visa holders facing layoffs, the EB-5 visa represents a more secure, long-term solution. While it requires a qualifying investment, the program removes the risks tied to the grace period and the possibility of receiving an NTA.
With tech layoffs and stricter enforcement affecting thousands of foreign workers, EB-5 is becoming the preferred strategy for those who want control, stability, and a clear path to U.S. residency. This is especially critical for H-1B holders with dependents, since losing H-1B status impacts not only the primary visa holder but also their dependents – causing the entire family to lose legal status.
Conclusion
If you are an H-1B visa holder recently laid off, the old assumption that you have a full 60 days of safety is no longer reliable. With NTAs being issued more frequently, it is critical to evaluate alternatives. The EB-5 investor visa can help you avoid removal proceedings, protect your legal status, and secure a green card in the U.S.