When DHS Comes Knocking: What a Notice to Appear Means for Work Visa Holders
Posted by Anna Deal
If you are in the U.S. on a temporary work visa like an H-1B, L-1, O-1, or TN and you’ve timely filed to extend or change your status – for example, due to a layoff, termination, or change in employer – a Notice to Appear (NTA) from the Department of Homeland Security (DHS) may be the last thing you expect to receive. But it has become increasingly common in recent weeks – and it’s serious.
This post breaks down what an NTA is, why you might receive one, and steps you should take immediately to protect yourself.
What Is a Notice to Appear (NTA)?
An NTA is the official charging document that starts removal (deportation) proceedings. It means that DHS believes you are removable from the U.S. and is initiating a case against you in immigration court. Removal proceedings begin when the NTA is filed with the court.
Key Points About an NTA:
- It’s issued by U.S. Citizenship and Immigration Services (USCIS) or U.S. Immigration and Customs Enforcement (ICE).
- It may be served on you by mail at your last address of record or you may be scheduled for an appointment at a USCIS office to receive it.
- It states the alleged violations of immigration law.
- It tells you when and where you are required to appear for a hearing before an immigration judge.
- It contains a nine-digit “A Number” assigned to you. Entering this number into the EOIR Automated Case Information website can help you determine whether the NTA has been filed in court and track any changes to your court date.
- Failing to appear in court as scheduled can result in being ordered removed in your absence.
- Once an NTA has been issued and filed in court, you should not depart the U.S. without consulting with an immigration attorney, since doing so could jeopardize your ability to return.
The Anatomy of an NTA:
A typical Notice to Appear contains:
- Biographical information – Your name, date of birth, address, and A Number.
- Factual allegations – For example, the allegations against a nonimmigrant worker might read:
- You are not a citizen or national of the United States;
- You are a native of India and citizen of India;
- You were inspected and admitted into the United States at or near San Francisco, California on or about February 10, 2025 as an H1B nonimmigrant;
- As of June 15, 2025, your H1B status was revoked;
- You have failed to maintain your status or to comply with the conditions of your status change. - Charges of removability – The sections of the Immigration and Nationality Act (INA) you are alleged to have violated. For example:
- Section INA 237(a)(1)(B): you are present in the United States in violation of law, or your nonimmigrant visa has been revoked; or
- Section INA 237(a)(1)(C)(i): you have failed to maintain the nonimmigrant status in which you were admitted or to which you changed, or you have failed to comply with the conditions of such status.
- Hearing information – The address of the immigration court where your initial hearing will be held along with the date and time.
- Warnings and obligations – Your duty to inform the court of address changes, appear at all hearings, and the consequences of missing them.
When Were NTAs Issued for Nonimmigrant Workers Under Past Policy?
Until recently, nonimmigrant workers with pending, timely-filed applications to extend or change status were typically only placed in removal proceedings following certain convictions, alleged fraud or misrepresentation, or a violation of the terms of their status. A worker was generally not issued an NTA solely for overstaying their visa, even after the expiration of their I-94 authorized stay.
This is because DHS regulations and policy grant nonimmigrant workers specific grace periods during which they are not considered “out of status” and are therefore not immediately subject to removal from the United States on that basis:
- Regulations provide that many nonimmigrant workers – including H-1B, E, L-1, O-1, and TN visa holders – who have been terminated or voluntarily leave their employment, may remain in the U.S. with valid status for up to 60 days or until the end of the authorized period of stay on their I-94, whichever comes first. This 60-day period is discretionary but, until recently, DHS routinely recognized it.
- Under longstanding DHS policy, nonimmigrant visa holders who timely file an application to extend or change status before their I-94 expires are deemed to be in a “period of stay authorized by the Attorney General” while that application is pending, even after the I-94 expiration. Although not a formal immigration status, individuals in the “period of stay authorized by the Attorney General” do not accrue unlawful presence that could negatively impact future immigration options, and are not considered out of status for removal purposes.
- By regulation, most nonimmigrant worker categories are entitled to a 240-day extension of employment authorization with the same employer upon timely filing an application to extend status.
What Has Changed Recently, and Why?
Despite these regulations and policies, USCIS has begun to issue NTAs to H-1B and other nonimmigrant workers with valid I-94 periods of stay or who are in their 60-day grace period after employment termination, despite them filing an application to extend or change status. USCIS has similarly issued NTAs to nonimmigrant workers who remain with their U.S. employer and have a timely-filed extension petition pending, but for whom a previous extension was denied.
This practice apparently stems from a February 2025 USCIS policy memo outlining when USCIS will issue NTAs. The memo indicates that national security, criminal issues, and fraud concerns may trigger an NTA, as well as the denial of certain affirmative immigration applications. With respect to beneficiaries of employment-based petitions, the memo states that “USCIS will issue an NTA to a removable [noncitizen beneficiary] where: (1) The decision on the petition is unfavorable; (2) The beneficiary is not lawfully present in the U.S. or is otherwise removable; and (3) The beneficiary is the signatory on the Petition for Nonimmigrant Worker (Form I-129).” The memo recognizes that “there are limited circumstances where the beneficiary is the signatory on the petition, including E-1/E-2 Extension of Stay/Change of Status, H-1B beneficiary owners, and O-1 beneficiary owners.” Because most employment-based petitions (e.g., H-1B, L-1, O-1) are filed and signed by the employer (the petitioner), and not the foreign worker (the beneficiary), the issuance of an NTA based on this section of the policy memo should be rare.
Yet USCIS appears to be misapplying its own guidance, as nonimmigrant workers are routinely being issued NTAs in circumstances that do not meet the criteria in the memo. For example, we have seen NTAs issued where there was no unfavorable decision on a petition but merely a change of employer, as well as where an extension petition was denied but the worker beneficiary was not the signatory on such petition. Furthermore, based on the grace periods discussed earlier, nonimmigrant workers with timely-filed pending petitions to extend or change status should not be deemed “not lawfully present” in the U.S. and therefore should not be subject to an NTA under the memo.
What Should I Do if I am Issued an NTA?
You may learn that you have been issued a Notice to Appear when you receive a copy of the document in the mail or an appointment notice requiring you to appear at a USCIS office to be served with the NTA. Receiving an NTA does not necessarily mean that you will be detained or deported from the U.S., but it is critical that you take immediate action to defend your rights and interests.
Step 1: Contact an experienced immigration attorney immediately.
The NTA initiates immigration court proceedings, which are completely separate from USCIS processing. Removal proceedings are adversarial proceedings brought by an ICE attorney representing DHS. An experienced attorney can help resolve removal proceedings while preserving your future immigration options.
- For example, an attorney may be able to approach ICE counsel and advocate for the proceedings to be dismissed based on the extension or change of status pending before USCIS.
- An attorney may be able to argue that proceedings must be terminated because you are not removable as charged or because the NTA contains material errors or was not properly served.
- If you are removable as charged, an attorney may be able to help you seek voluntary departure to avoid a removal order and preserve your immigration options or apply for a form of relief from removal.
Step 2: Gather your immigration documentation.
Collect all recent and relevant immigration documents, including:
- Approval notices (I-797s)
- Visa stamps
- I-94 records
- Receipts for any pending applications
- Correspondence with USCIS
Step 3: Track your hearing date & update your address:
- Court hearing dates are non-negotiable and if you fail to appear you are likely to be ordered removed in your absence.
- Hearing dates frequently change; you can check your scheduled hearing date in the EOIR Automated Case Information website and you will receive notice of each hearing by mail at your last address provided.
- Once the NTA is filed with the immigration court, you are responsible for updating your address with both the immigration court and with the local ICE attorney’s office, in addition to USCIS.
Bottom Line
In a troubling and unprecedented shift that appears to be inconsistent with its own guidance, USCIS has been issuing NTAs against nonimmigrant workers with timely-filed petitions to extend or change status, and who are still within grace periods expressly permitted by regulation and longstanding DHS policy. An NTA is a legal summons requiring you to appear in immigration court. If you receive or learn that you are the subject of an NTA, you must act fast, stay informed, and get legal help. The sooner you address it, the better your chances of defending your interests and preserving your options under U.S. immigration law.