Visa Holders Urged to Avoid International Travel Amidst Increased Scrutiny

SEATTLE, Wash. — Immigration attorneys in the United States are advising H-1B and F-1 visa holders, along with green card holders, to refrain from international travel due to significant delays and heightened scrutiny at consulates. This caution comes amid concerns over visa stamping delays and increased instances of secondary inspections that could lead to prolonged absences from the U.S.

Despite India not being included on any proposed travel ban list, attorneys emphasize that the risks involved, such as delays in U.S. consulates, the potential for extreme vetting, and aircraft detention at airports upon return, warrant serious consideration.

Kripa Upadhyay, a Seattle-based immigration attorney, remarked, “As heartless as this may seem, foreign nationals (especially those needing renewal of H-1B or F-1 visa stamps) really need to think twice about leaving the U.S. right now.”

The scrutiny of visa applicants has intensified following revisions to the U.S. Department of State’s eligibility criteria for interview waiver appointments. Formerly, applicants who held non-immigrant visas — excluding B visitor visas — could qualify for an interview waiver if they applied within 48 months of expiration. Under the new rules, applicants renewing a visa in the same category can only take advantage of the waiver if their visa expired within the past twelve months.

This revision complicates matters for individuals transitioning between different types of visas; for instance, international students seeking to switch from an F-1 to an H-1B visa must now wait for an interview slot. Upadhyay explained further, “If you have an H-1B and need an extension but your earlier visa was issued more than twelve months ago, you must also wait for an interview slot.”

Snehal Batra, managing attorney at NPZ Law Group, reported, “Delays due to visa appointment availability are just part of the worry. We hear of individuals ensnared in administrative processing with no clear explanation aside from increased scrutiny.” She noted, “This excessively cautious approach mirrors the practices of the previous Trump administration.”

Moreover, even if the U.S. Citizenship and Immigration Services (USCIS) has approved an H-1B, consular officers still hold the authority to deny the visa, necessitating a submission back to USCIS for further review. Upadhyay mentioned, “In situations like these, employees outside the country could face delays of four to six months before returning to the U.S.”

Should travel be unavoidable, attorneys recommend that visa applicants and their employers prepare contingency plans to manage potential delays in visa stamping, such as working remotely from abroad. Rajiv S. Khanna, managing attorney at Immigration.com, advised, “It’s prudent to establish a backup plan for unforeseen circumstances.”

Green card holders are also facing scrutiny, with a notable increase in secondary inspections and temporary detentions at airports by U.S. Customs and Border Protection (CBP) officials. Reports suggest that some green card holders are pressured to surrender their visas voluntarily. This is particularly concerning for elderly Indian nationals who wish to spend winters in India, only to face obstacles upon their return.

Attorneys are now encouraging long-term green card holders who have not yet sought American citizenship to apply for passports as soon as possible and to avoid international travel until they have done so. They stress that taking proactive measures can help foreign nationals mitigate risks in an increasingly complex immigration landscape.