H-1B & F-1 Visa Holders Alert: Why US Immigration Lawyers Advise Against Travel
US Immigration Attorneys Advise H-1B and F-1 Visa Holders to Avoid Travel
If you hold an H-1B or F-1 visa, think twice before leaving the United States. Immigration attorneys are warning visa holders about significant risks, including visa delays, denials, and even detention at US airports. The concern arises as the Trump administration prepares to impose travel restrictions on citizens from 43 countries, including Afghanistan, Bhutan, and Pakistan.
While India is not currently on any proposed travel ban list, Indian nationals and other foreign travelers are facing heightened security checks, prolonged visa processing times, and stricter entry rules. These complications could disrupt travel plans and impact employment status for work visa holders.
Changes to Visa Stamping and Dropbox Eligibility
Immigration expert Kripa Upadhyay, a Seattle-based attorney, issued a strong warning via the Buchalter Law Firm’s portal:
“Foreign nationals (especially those needing renewal of H-1B or F-1 visa stamps) really need to think twice about leaving the US right now.”
The US Department of State recently changed the eligibility criteria for visa interview waivers, commonly known as the dropbox appointment. Previously, visa holders could renew their non-immigrant visas (except B visitor visas) via dropbox if their visa expired within 48 months. Now, the eligibility period has been reduced to just 12 months.
What does this mean for travelers?
- F-1 visa holders transitioning to H-1B must now attend an in-person interview instead of using dropbox services.
- H-1B visa renewals will require an interview if the previous visa expired over 12 months ago.
Increased Consular Scrutiny and Visa Processing Delays
Immigration law firm Nachman Phulwani Zimovcak (NPZ) issued an advisory on March 14, warning visa holders about longer visa processing times, increased security checks, and potential denials.
Key consular changes impacting visa applicants:
- Elimination of automatic visa revalidation (Dropbox rule): Only applicants renewing within 12 months of expiration qualify.
- Longer visa appointment wait times: US consulates now require appointments 4-6 months in advance.
- Higher risk of 221(G) administrative processing: Some applications face indefinite delays due to additional security screenings.
- Consular refusals and re-adjudication: Even if USCIS previously approved a petition, consular officers can reject the visa, causing extended delays or revocation.
Impact of Travel Restrictions on H-1B Workers and Employers
According to NPZ Law Firm, extended international stays can negatively impact H-1B visa holders’ employment status. Key concerns for employers include:
- Immigration Compliance Issues: Some work visas require on-site employment in the US. Extended absence can lead to visa violations.
- Tax Implications: Working remotely from abroad may create tax liabilities for both employer and employee.
- Unforeseen Travel Delays: If visa holders cannot return due to processing backlogs, employers must have contingency plans.
Employers should establish clear policies regarding remote work outside the US and prepare for unexpected delays in employee return.
Precautions for Visa Holders Before Traveling
Immigration attorneys urge visa holders to take necessary precautions before traveling internationally to avoid disruptions. Kripa Upadhyay recommends:
✔ Consult your employer and immigration attorney before making travel plans. ✔ Check visa appointment availability and schedule at least 4-6 months in advance. ✔ Prepare for in-person visa interviews, as dropbox eligibility has been reduced. ✔ Carry all required travel documents, including:
- Valid visa stamp (if required for re-entry).
- Form I-797 approval notice for work visa holders.
- Employment verification letter.
- Recent pay stubs and tax records. ✔ Have a backup travel plan in case of unexpected delays or administrative processing.
Upon return, travelers should be prepared for increased scrutiny by Customs and Border Protection (CBP). CBP officers may question visa holders about:
- Current employment and work location.
- Length of time spent outside the US.
- Travel history and future plans.
Proper documentation and clear explanations can help facilitate re-entry into the US.
H-1B and Work Visa Processing Delays Expected
Visa holders should not expect expedited processing for work visa approvals, extensions, or transfers due to:
- Temporary suspensions of premium processing.
- Increased Requests for Evidence (RFEs), delaying approvals.
- Longer H-1B extension and transfer processing times.
According to the Open Doors Report on International Educational Exchange, India remains the largest source of international students in the US, with 331,602 Indian students enrolled in 2023-2024. Additionally, Indian nationals received 72.3% of all H-1B visas issued between October 2022 and September 2023, highlighting the significant impact of these visa changes on the Indian community.
Green Card Holders Facing Stricter Scrutiny
US immigration attorneys report a rise in secondary inspections and even overnight detentions for green card holders, particularly those who spend long periods outside the US. Some individuals have been pressured to voluntarily surrender their green cards at the airport.
Elderly Indian green card holders who split their time between the US and India are especially at risk.
Russell A. Stamets, Partner at Circle of Counsels, advised:
“If you legally hold your Green Card and have done nothing wrong, it’s difficult to see why one would give up such a hard-earned right, especially under unfair pressure.”
He also emphasized that while India and the US maintain strong diplomatic ties, Indian travelers must be vigilant to ensure they are treated fairly under US immigration laws.
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