H-1B Withdrawals and NTAs: What Happens When Your Employer Pulls Your Petition

The H-1B visa is highly sought after, but its application process is particularly complex. One critical aspect to understand is the implications of an H-1B withdrawal by your employer, and the potential issuance of Notices to Appear (NTAs). Having an employer withdraw your H-1B is stressful, and protecting your immigration status when that happens requires following careful, strategic steps. Our experienced H-1B withdrawal lawyers are here to help you navigate this daunting process.

Understanding H-1B Withdrawals

An H-1B visa allows U.S. employers to temporarily employ foreign workers in specialty occupations that usually require a bachelor’s degree or higher. H-1B visas are primarily used by those in technology, engineering, finance, and scientific research. Generally, H-1B visas last three years and can be extended up to six years, with some exceptions. 

Unfortunately, there may come a time when the employer opts to withdraw the H-1B petition. This decision typically stems from changes in business needs, financial difficulties, or employee performance issues. If an H-1B withdrawal occurs, it is crucial to understand the implications for the employee. When employment ends, H-1B status generally ends as well.

The H-1B Withdrawal Timeline

The timeline of a withdrawal depends on several factors. The timeline is affected by the employer’s decision-making process and the timing of the withdrawal notice. The following is a general outline of what to expect:

1. Withdrawal Notice

The employer submits a formal withdrawal notice to U.S. Citizenship and Immigration Services (USCIS), along with the required documents. The notice can be submitted at any time.

2. USCIS Processing

USCIS processes the withdrawal, but employees are not always directly notified by USCIS and must inquire with them directly.

3. Grace Period

A discretionary grace period of up to 60 days may be available following the last day of employment, allowing the employee to seek new employment, change status, or leave the country.

Consequences of H-1B Withdrawal

Employers should be cautious in deciding to withdraw an employee’s H-1B. Withdrawal significantly impacts the employee’s immigration status. Losing H-1B status means that the employee must take immediate action to maintain legal status in the U.S.

Loss of Employment 

The employee won’t be able to work for the employer that filed the H-1B petition, but the employer could file another petition. The employee can seek employment with a different employer willing to file a new petition.

Potential NTA Issuance and Removal Proceedings

If the employee fails to take appropriate action to maintain their legal status, such as securing a new employer to sponsor a new H-1B petition, they may be issued an NTA and placed in removal proceedings. Timely action will mitigate these risks.

Actions to Take After an H-1B Withdrawal

If you find yourself in the unfortunate situation of an H-1B withdrawal, take the following actions:

• Consult an immigration attorney. Seeking legal advice from an experienced immigration attorney is essential. An attorney will help you understand your options and your rights while assisting you in navigating this complicated process.
• Explore new employment opportunities. Start searching for new job opportunities that can sponsor a new H-1B petition. 
• Consider other visa options. Depending on your circumstances, you may qualify for other visa categories. An attorney can advise you on your options.
• Be proactive. If you receive an NTA, it is critical to consult an immigration attorney immediately to understand your options in removal proceedings. 

Speak to an H-1B Withdrawal Attorney

Understanding H-1B withdrawals and their implications is crucial to foreign workers in the U.S. If your employer decides to withdraw your petition, it is essential to act immediately to maintain your legal status and explore your options. Consulting with an immigration attorney is a critical step in navigating this challenging situation.

At Scott D. Pollock & Associates, P.C., we are committed to helping you understand your rights and options regarding H-1B visas and other immigration matters. 

 

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