28 August 2025
U.S. Citizenship and Immigration Services (USCIS) has started strictly enforcing a February 2025 policy memo that expands when a Notice to Appear (NTA) may be issued.
An NTA means being placed in removal (deportation) proceedings — a process no visa holder wants to face.
This change affects H-1B professionals, F-1 students, B-2 visitors, family-based applicants, and many others.
What Changed?
Before: If a petition was denied, many could leave the U.S. voluntarily.
Now: If your status has expired at the time of denial, USCIS may issue an NTA automatically.
Examples include:
- H-1B extension denied after I-94 expiration.
- F-1 OPT denied after status ended.
- B-2 overstay while awaiting a decision.
- Family-based green card denied after prior status lapsed.
Why This Matters
Being issued an NTA can impact:
- Immigration court: Time-consuming, costly, stressful.
- Future applications: Scrutiny on visas, green cards, citizenship.
- Grace periods: Even the traditional 60-day H-1B grace period may not protect you.
In short — the margin for error has never been smaller.
How to Reduce Risk
For Visa Holders
- File extensions/changes early (well before I-94 expiration).
- Track your immigration status closely.
- If denied → contact an attorney immediately.
- Depart promptly if you no longer have valid status.
For Employers
- Partner with immigration counsel on all filings.
- Track employee I-94 expirations carefully.
- Educate staff about the new NTA risks.
Final Thoughts
This policy shift is one of the most significant enforcement changes in years. What used to mean a “quiet departure” may now mean formal removal proceedings.
At VKM Law Group, we help individuals and employers plan ahead, file timely, and protect future immigration options. Don’t wait until it’s too late — preparation is your best defense.
FAQs
Q: Does this apply to all visa categories?
✔️ Yes — employment-based, student, and family-based.
Q: If my I-94 is still valid, am I safe?
✔️ Safer, but if status has already expired, risk is high.
Q: Can I avoid proceedings by leaving after denial?
⚠️ Departing helps, but USCIS can still issue an NTA. Always seek legal advice immediately.
👉 Immigration rules are shifting fast in 2025. Staying compliant and working with an experienced Immigration Attorney in New Jersey is key.