Immigration attorneys are advising foreign nationals in the United States, particularly work visa holders, to carefully reconsider traveling abroad unless absolutely necessary. While countries like India are not on the proposed US travel ban list, experts warn that reentry to the US after travel could lead to significant delays, additional scrutiny, and even secondary inspections at airports. For professionals holding H-1B visas, as well as their families, the risks are considerable.
The main concern is the potential disruption of careers due to delays in visa stamping at US consulates, reintroduction of extreme vetting procedures, and a rise in administrative processing. These issues are especially critical for those requiring visa renewals or extensions while outside the country. As reported by the TNN, immigration attorneys are advising their clients to stay put and avoid international travel until the situation stabilizes.
Increased visa delays and scrutiny
The process for renewing work visas, such as the H-1B, has become more complicated due to a change in US State Department rules. Previously, visa applicants could qualify for an interview waiver if they had a valid visa in any category, as long as it had expired within 48 months. However, the revised rules now limit the waiver to individuals renewing the same visa within 12 months of its expiration. As explained by Kripa Upadhyay, a Seattle-based immigration attorney, “Foreign nationals really need to think twice about leaving the US right now, especially if they need to renew their H-1B visa,” as quoted by the TNN.
Secondary inspections and delays
The challenges are not just about delays in visa stamping. Some green card holders, including Indians, are experiencing an uptick in secondary inspections upon reentry to the US. According to immigration attorneys, many professionals are being subjected to overnight detentions at US ports of entry and are even being pressured to voluntarily surrender their green cards. This has become a growing concern, particularly for elderly green card holders who prefer to spend several months in India to avoid harsh winters in the US.
As reported by the TNN, Snehal Batra, managing attorney at NPZ Law Group, said, “We know of individuals who are stuck in administrative processing for no apparent reason other than additional scrutiny and security clearances.” Batra also anticipates a return to “extreme vetting” similar to the era of the Trump administration.
Consequences of delayed visa processing
For H-1B workers, reentry to the US after international travel could be delayed for months. As stated by Upadhyay, if a visa is rejected or sent back to the US Citizenship and Immigration Services (USCIS) for re-adjudication, workers may face a delay of at least four to six months. This can severely disrupt professional careers, with potential losses in job opportunities or project timelines.
Given these concerns, immigration experts advise that work visa holders and their employers establish contingency plans in case of delays. Rajiv S. Khanna, managing attorney at Immigration.com, suggests that professionals needing to travel should consider working remotely from their home country while waiting for visa renewals, as reported by the TNN.
