Recent updates from US authorities have confirmed that H-1B visa holders will not face any new travel restrictions or difficulties when returning to the United States. This clarification comes after growing concerns following President Trump’s proclamation on September 19, which imposed a hefty $100,000 fee on all new H-1B visa petitions filed after September 21. Many visa holders had raised questions regarding potential impacts on their ability to travel, especially in light of the current immigration crackdown targeting non-immigrant workers. However, US officials have reassured that the rules for existing visa holders remain unchanged.

No Travel Restrictions for Current H-1B Holders

The proclamation issued by President Trump was met with concern by many foreign workers, especially those holding H-1B visas who were outside the US at the time. However, US immigration authorities quickly clarified that the new rule does not affect individuals who are already holding an active H-1B visa or those whose petitions have already been approved. This means that H-1B visa holders can continue to travel freely in and out of the country without any additional restrictions.

According to Dmitry Litvinov, CEO of Dreem, an immigration consultancy, there is no change to the re-entry process for current H-1B holders. He confirmed that there are no new travel restrictions and that, based on the information from immigration attorneys, the process for visa stamping and re-entry remains as it was before. This aligns with feedback shared by other visa holders on social media, many of whom reported no issues re-entering the US despite heightened scrutiny of non-immigrant visa holders.

Common Misconception About the 60-Day Rule

Another concern among H-1B visa holders is related to the so-called “60-day rule” for extended absences. Many visa holders worry that staying outside the US for an extended period will lead to a denial of re-entry. However, this fear is based on a misunderstanding. The 60-day rule is often confused with the “60-day grace period” that applies to visa holders who lose their job. If an H-1B worker’s employment ends—whether voluntarily or involuntarily—both they and their dependents must leave the US within 60 days, or by the end of their authorized stay, whichever is shorter.

It’s important to note that this rule does not apply to the length of time an H-1B visa holder spends outside the US. There is no mandatory 60-day period for absences. So, as long as the visa holder remains employed and in good standing with their employer, they are not subject to any restrictions based on how long they’ve been outside the US.

Understanding US Visa Status and Re-Entry

While it’s clear that H-1B visa holders are not facing any restrictions when re-entering the US, the US Customs and Border Protection (CBP) officers do have some discretion when deciding whether a prolonged absence may suggest the visa holder has abandoned their employment or no longer intends to maintain their visa status. In such cases, the CBP officer may question whether the visa holder’s absence was a sign of abandoning their job or if the person is still eligible to enter the US.

Nevertheless, as long as the visa holder’s employment remains in place and they are not in violation of any immigration rules, they should not face difficulties. The visa will generally remain valid unless the employer withdraws the petition, the visa holder violates the conditions of their H-1B status, or there is evidence of fraud or misrepresentation.

Key Points to Remember for H-1B Visa Holders

• H-1B visa holders can travel freely in and out of the US with no new restrictions.
• The September 19 proclamation imposing a $100,000 fee only affects new petitions and does not impact existing visa holders.
• There is no 60-day limit for how long an H-1B visa holder can stay outside the US without risking re-entry issues.
• The 60-day rule applies only when an H-1B worker loses their job or their authorized stay ends.
• US immigration officials have discretion in assessing re-entry, but as long as the worker maintains their legal status, they should not face obstacles.

Possible Reasons for H-1B Visa Cancellation

While the situation for H-1B visa holders remains largely unchanged, it is essential to note that there are a few circumstances under which an H-1B visa might be canceled or revoked:

• Employer Withdrawal: If the employer withdraws the visa petition, the visa will no longer be valid.
• Violation of Terms: If the visa holder violates the terms of their H-1B status, their visa could be revoked.
• Fraud or Misrepresentation: If any fraudulent actions or misrepresentation are discovered, the visa may be canceled.

However, if an H-1B visa holder is still employed by a valid employer and their status remains unchallenged, the visa will remain intact, even if they are outside the US for an extended period. This highlights the importance of maintaining continuous employment and legal status while abroad.

Conclusion: H-1B Visa Holders Can Travel Without Worry

In conclusion, H-1B visa holders can continue to travel in and out of the US without concern. The recent proclamation and immigration policy changes do not impact those already holding an H-1B visa. As long as the visa holder is employed, and their status is legal, there are no additional travel restrictions. Any concerns about extended absences are largely unfounded, as there is no rule mandating a strict limit on the duration of time an H-1B visa holder can stay outside the US.

By ensuring that their employment status remains in good standing and following the guidelines for legal visa maintenance, H-1B holders can enjoy a smooth return to the US whenever necessary, without facing new barriers.