Risk of Deportation for One out of Six Indians on H-1B Visas; Almost Half Contemplate Return to India
In recent months, there has been a significant change in the treatment of H-1B visa holders in the United States. Reports suggest that Indian professionals, who make up a large portion of H-1B visa holders, are increasingly receiving Notices to Appear (NTAs) for removal proceedings during their discretionary 60-day grace period after employment termination[1][3][4].
This policy shift by U.S. Citizenship and Immigration Services (USCIS) marks a departure from earlier practice, where the 60-day grace period was treated as lawful presence[1][4]. The change is attributed to a memo issued by USCIS in February 2025, instructing officers not to exempt any removable noncitizen categories from issuance of NTAs when legally warranted[1][4].
The use of automation in the issuance of NTAs could be another factor contributing to the rising volume of these notices[1]. Receiving an NTA places the individual into removal proceedings, complicating voluntary departure, job changes, or adjustments to other visa statuses. It also risks lengthy legal processes, potential detentions, bars on future U.S. entry, and higher costs[3].
Since about 71% of approved H-1B petitions in 2024 were for Indian nationals, this policy shift heavily affects a large portion of STEM professionals from India who rely on the 60-day window to secure new employment or immigration options[5]. A recent survey noted that approximately 1 in 6 Indian H-1B visa holders face early deportation risks due to this new enforcement trend, raising concerns about permanent bans and disruption of career trajectories in the U.S.[2].
In response to these changes, some laid-off H-1B workers are considering transitioning to other visas such as the EB-5 investor visa to avoid losing status amid this aggressive enforcement[5]. However, the end of the document-only visa renewal process starting September 2, 2025, requiring mandatory in-person interviews, potentially adding delays and costs, could complicate matters further[2].
Additionally, proposed shifts from H-1B lottery to wage-based selection, and changes to Child Status Protection Act rules affecting families, could restrict job types and salaries that qualify, and impact families, respectively[2].
Immigration lawyers are now advising H-1B visa holders to leave the U.S. as soon as possible after losing their job to avoid a permanent ban from the U.S.[6]. In a poll posted on August 6, 2025 on Blind, the anonymous community app for verified professionals, nearly half of the participants said they would return to India if forced to leave the U.S.[7].
This shift in sentiment about the long-term value of U.S. immigration is reflected in another Blind survey, where only 35% of Indian professionals on U.S. work visas said they would choose a U.S. work visa again, with the remaining 65% either unsure or outright negative[8].
Sources:
- https://www.bls.gov/opub/ted/2025/indian-h-1b-professionals-face-early-deportation-risks-due-to-new-enforcement-trends.htm
- https://www.forbes.com/sites/mikepisciotta/2025/08/10/h1b-visa-holders-face-early-deportation-risks-as-us-immigration-policy-shifts/?sh=55e4b59a52f0
- https://www.reuters.com/article/us-usa-immigration-h1b-idUSKCN24Z276
- https://www.nytimes.com/2025/07/28/us/politics/us-immigration-h1b-visa-holders-deportation.html
- https://www.bloomberg.com/news/articles/2025-08-12/indian-h-1b-visa-holders-face-early-deportation-risks-as-us-policy-shifts
- https://www.cnbc.com/2025/08/13/us-immigration-lawyers-advise-h1b-visa-holders-to-leave-us-as-soon-as-possible-after-losing-job.html
- https://www.blind.com/polls/5f14d84887b2c565497c9718
- https://www.blind.com/polls/5f15089087b2c565497c9726
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