H-1B Hiring and Layoff HR Guide: Checklist, NTAs, and the 60-Day Grace Period

Some laid-off H-1B employees are getting Notices to Appear (NTAs) even when they believe they are covered by the 60-day grace period. The grace period still exists, but enforcement is tighter. Plan faster, file earlier, and treat timing as critical.

H-1B hiring and layoff HR checklist for the H-1B 60-day grace period under USCIS NTA policy 2025

Use this H-1B hiring and layoff HR checklist to move quickly and reduce risk on both hiring and separation. The H-1B 60-day grace period can help a terminated worker stay and file the next step, but it is not automatic in every situation.

The USCIS NTA policy 2025 means officers can issue an NTA after a benefit is denied if the person has no status left. For hiring, start the LCA early and file a nonfrivolous H-1B change of employer inside the window. For layoffs, send a dated separation letter, coordinate the petition withdrawal, and make sure address updates are filed so no notices are missed.

What changed and what did not

• NTA issuance is broader than before. Officers are more likely to issue an NTA after a denial when no status remains.

• The 60-day grace period still exists. Certain workers, including H-1B, can have up to 60 days after job loss to file their next steps. A timely filing within those 60 days places the worker in a period of authorized stay while USCIS decides.

• Practice trend. Some workers are receiving NTAs within 60 days, often around the time the employer withdraws the petition. Treat this as a possibility, not a guarantee.

Are “H-1B → B-1/B-2” and “H-1B → Day-1 CPT” at risk of NTAs?

H-1B → B-1/B-2 (visitor).

• A timely B change of status filing inside 60 days generally keeps the worker in authorized stay while pending. No employment in B status.

• If USCIS later denies the B case after day 60, the NTA risk goes up because no status remains.

H-1B → F-1 with early CPT (“Day-1 CPT”).

• CPT must be DSO-authorized and integral to the curriculum. No work until F-1 is approved and CPT is printed on the I-20. Early-CPT programs get extra scrutiny.

• A timely F-1 change of status places the worker in authorized stay while pending. A later denial after day 60 can still trigger an NTA.

Hiring playbook (transfer) for HR

1. Decide fast. Confirm the last day of work in writing and move within 7 days.

2. Start the LCA now. Do not wait.

3. File a nonfrivolous H-1B change of employer within the 60 days to place the worker in authorized stay.

4. Onboarding rule. Portability may allow a start after USCIS receives the petition and issues a receipt, if eligibility is met. Keep the I-9 clean.

5. Pause travel. Avoid international trips until receipts arrive and counsel clears the plan.

Layoff playbook (clean exit) for HR

1. Dated separation letter. The grace-period clock starts here.

2. Coordinate H-1B withdrawal. Employers must withdraw. Align timing with the worker’s planned filings where lawful.

3. Offer a short runway. Share counsel contacts and the basic options for the 60-day window.

4. Address updates. Remind the employee to file AR-11 and watch for any notices.

Do’s and don’ts

Do

• Act in week 1 and start LCA/COS prep if you plan to retain.

  • LCA = Labor Condition Application

  • COS = Change of Status

• File inside 60 days if you intend to keep the employee.

• Centralize mail and portals so receipts, RFEs, or NTAs are not missed.

• Stop all work if bridging to B-1/B-2.

• Verify F-1/CPT correctly; no work until it is authorized.

Don’t

• Assume the 60-day window blocks NTAs in every case.

• Rely on “Day-1 CPT” without school diligence.

• Delay the employer withdrawal decision. Coordinate, but comply.

If an NTA arrives

• Do not ignore it. Missing a hearing creates removal orders.

• Get counsel and check the EOIR. Confirm hearing details, then explore termination, dismissal, or prosecutorial discretion if filings were timely.

  • EOIR = the Executive Office for Immigration Review. It is part of the U.S. Department of Justice, and it runs the immigration courts and the appeals board. If someone gets an NTA, their case is handled by EOIR, not USCIS.

  • Check if a hearing is scheduled: Have the employee or their attorney look up the case in EOIR’s Automated Case Information system using the A-Number. It will show whether a hearing exists yet.

• Freeze travel while proceedings are pending.

• Keep receipts handy to show timely filings and authorized stay periods.

Manager comms templates

Layoff scenario (use in the separation meeting)

“Your last day is [date]. During the 60-day grace period, please avoid international travel. We will provide next-step options and our legal contacts. Keep your mailing address updated with USCIS using Form AR-11. If you receive any government notice, email it to HR the same day.”

Hiring/transfer scenario (use after offer acceptance)

“We are filing your H-1B change of employer by [date]. You can start after we receive the USCIS receipt if the portability rules are met. Please avoid international travel until we confirm receipt. If you get any government notice, send it to HR the same day.”

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Disclaimer: Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult a WayLit-affiliated attorney or another qualified professional.