The new administration has introduced multiple executive orders emphasizing national security and immigration enforcement. While there is no official travel ban in place at the moment, these executive orders signal an increased focus on visa scrutiny and the potential for future travel restrictions. Nonimmigrant visa holders-such as H-1B, L-1, F-1, and others-should be particularly cautious when making international travel plans in the coming months.

 

Given the administration's directives to federal agencies, including the Department of Homeland Security (DHS) and the Department of State (DOS), to enhance security vetting and prevent fraud, foreign nationals may face heightened scrutiny at U.S. consulates and ports of entry. This article explores why nonimmigrant visa holders should strongly reconsider traveling internationally in the next six months and what they need to know about potential risks.

 

 

Even though no formal travel bans are in place, nonimmigrant visa holders can expect significantly tougher scrutiny at various stages of the immigration process, including:

 

1. Visa Applications at U.S. Consulates:

 

• Consular officers are now required to conduct more in-depth reviews of visa applicants' backgrounds, employment histories, and prior immigration records.
• Administrative processing (221(g) refusals) could become more common, leading to prolonged visa issuance delays.
• Applicants may be asked to provide additional documentation, such as travel history, employment verification, or proof of strong ties to their home country.

2. Inspections at U.S. Ports of Entry:

• Nonimmigrant travelers should expect extended questioning by Customs and Border Protection (CBP) officers regarding their intent, visa validity, employment, and U.S. ties.
• Electronic devices such as laptops and smartphones may be subject to searches, as CBP has increased digital scrutiny to detect potential visa fraud or security concerns.
• Those with past immigration violations or pending immigration petitions may be subjected to secondary inspections and delays at the airport.

 

President Trump's executive orders have directed DHS and DOS to explore additional entry restrictions. By March 21, 2025, the administration is expected to announce new policies that may impact nonimmigrant travel. Some possible restrictions include:

 

1. Visa Suspensions for Certain Nationalities:

• Travelers from countries deemed security risks or those with limited cooperation on deportation matters could face visa issuance bans.

2. H-1B and L-1 Visa Suspension or Quotas:

• If the administration determines that nonimmigrant workers pose a labor market risk, new restrictions on work visa issuance could be implemented.

3. Public Health Travel Bans:

• Certain travelers may be denied entry if they have visited countries experiencing public health crises or outbreaks.

4. Stricter Background Checks for Certain Visa Holders:

• Foreign nationals from countries that previously faced visa restrictions (e.g., Iran, Syria, North Korea) may be subjected to even more intensive screening.

Even before these restrictions take effect, visa holders should anticipate a stricter environment when dealing with immigration officials.

Who Is Most at Risk?

Not all nonimmigrant visa holders face equal risk. However, the following groups should be particularly cautious when considering travel:

1. Individuals from Countries with Prior Travel Bans:

• Between 2017 and 2021, the Trump administration imposed entry restrictions on nationals of Chad, Iran, Iraq, Libya, Myanmar, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen. If you are a national of one of these countries, you could face heightened scrutiny or potential reimplementation of travel restrictions.

2. H-1B and L-1 Visa Holders with Pending Extensions or Transfers:

• If your H-1B or L-1 extension or transfer is pending, traveling outside the U.S. could put your status at risk. You may be forced to wait for visa issuance at a consulate, and delays or denials could prevent your re-entry.

3. Students on F-1 Visa (OPT and STEM OPT Holders):

• F-1 students working under OPT or STEM OPT should avoid unnecessary travel. Increased scrutiny on employment arrangements and maintenance of status could lead to challenges at consulates and ports of entry. Students working for smaller employers or remote positions may be asked to provide additional proof of their work arrangements.

4. Visa Holders with Past Immigration Issues:

• If you have ever faced visa denials, status violations, or overstays, expect intensified questioning and potential delays. Immigration officers are likely to scrutinize your history more closely under the new policies.

5. Individuals Relying on Advance Parole (DACA, TPS, Pending AOS Applicants):

• If you hold Advance Parole through TPS or a pending green card application, you should reconsider international travel. The new administration may introduce stricter rules regarding re-entry for such travelers.

What Employers Need to Know?

Employers who sponsor foreign workers should also take these developments into account when advising employees on travel. Key points for employers include:

1. Increased Visa Denials and Processing Delays:

• Employees seeking H-1B, L-1, or other work visas abroad may face longer administrative processing times.
• If a key employee travels and gets stuck abroad, business operations could be disrupted.

2. More RFEs and Scrutiny on Work Visa Renewals:

• Employees on H-1B, L-1, and O-1 visas should prepare for increased Requests for Evidence (RFEs) when extending their status.
• Employers may need to provide additional documentation, such as proof of ongoing employment, payroll records, and detailed job descriptions.

3. Legal Risks for Employees Stuck Abroad:

• If an employee travels and their visa renewal is delayed or denied, they may be unable to return to work.
• Employers may need to explore remote work options or risk losing key talent.

Employers should proactively discuss travel risks with affected employees and seek legal counsel before approving any international travel.

Practical Recommendations for Foreign Nationals

If you are a nonimmigrant visa holder, follow these best practices to minimize risks:

1. Avoid Non-Essential Travel:

• Given the uncertainty surrounding new immigration policies, it is best to remain in the U.S. unless travel is absolutely necessary.

2. Ensure Your Visa is Valid Before Traveling:

• If your visa has expired, renewing it at a U.S. consulate may be more difficult under the new administration.

3. Carry Proper Documentation:

• If you must travel, carry all relevant paperwork, including employment verification letters, recent pay stubs, and proof of ongoing status.
• For students, have a valid I-20 with a travel endorsement from your DSO.

4. Monitor Policy Changes Closely:

• Stay updated on executive orders and policy announcements from DHS, USCIS, and DOS.

5. Consult an Immigration Attorney Before Traveling:

• If you are unsure about your status or risk level, seek legal advice before making travel plans.

Although there is no official travel ban at this time, the new administration's immigration policies signal heightened scrutiny for nonimmigrant visa holders. The coming months will likely bring stricter enforcement measures, potential travel restrictions, and delays in visa issuance. Foreign nationals should strongly reconsider international travel, as any disruption could impact their ability to return to the U.S. and maintain legal status. Employers should also prepare for increased challenges in hiring and retaining foreign workers. Staying informed and proactive is key to navigating the changing immigration landscape.

Ensuring compliance with Form I-9 requirements is crucial for U.S. employers to verify the identity and employment authorization of their employees. The U.S. Immigration and Customs Enforcement (ICE) conducts audits to enforce these requirements, and understanding the process is essential for businesses to mitigate risks.

 

 

1. Conduct Regular Internal Audits:

 

• Regularly reviewing your Form I-9s helps identify and correct errors proactively. Ensure that all sections are completed accurately and that supporting documents are valid. ICE provides guidance on conducting internal audits to ensure compliance.

2.Implement Comprehensive Training Programs:

• Educate HR personnel and those responsible for hiring on proper Form I-9 completion and retention procedures. This includes understanding which documents are acceptable for verification and the timelines for form completion.

3. Maintain Organized Records:

• Keep Form I-9s and supporting documents well-organized and accessible. Federal regulations require employers to retain Form I-9 for each employee for three years after the date of hire or one year after employment ends, whichever is later.

4. Stay Updated on Regulatory Changes:

• Regularly consult official sources such as the USCIS I-9 Central and ICE websites to stay informed about any changes in Form I-9 requirements or procedures.

Steps to Take Upon Receiving a Notice of Inspection (NOI)

1. Review the NOI Carefully:

• Upon receiving an NOI, which informs employers of ICE's intent to audit their hiring records, review the notice thoroughly to understand the scope and requirements.

2. Gather Requested Documentation Promptly:

• Collect all Form I-9s and any other documents specified in the NOI. Ensure that the documents are organized and complete

3. Consult Legal Counsel:

• Engage with legal counsel experienced in immigration law to guide you through the audit process and to communicate with ICE on your behalf

4. Cooperate with ICE Agents:

• Maintain a cooperative attitude during the audit. Provide the requested documents within the specified timeframe, typically three business days.

Best Practices for Interacting with ICE Agents During the Audit Process

1. Designate a Point of Contact:

• Assign a knowledgeable individual to liaise with ICE agents. This person should be familiar with Form I-9 procedures and the company's employment records.

2. Provide Requested Documents Only:

• Submit only the documents specifically requested in the NOI. Avoid volunteering additional information that may not be pertinent to the audit.

3. Maintain Professionalism:

•  Ensure that all interactions with ICE agents are professional and courteous. Cooperation can positively influence the outcome of the audit.

Addressing Violations and Mitigating Penalties After an Audit

1. Correct Identified Errors Promptly:

• If the audit reveals deficiencies, correct them as soon as possible. For example, if a Form I-9 is incomplete, have the employee provide the missing information and initial and date the correction

2. Implement Remedial Training:

• Provide additional training to staff to prevent future violations. This may include refresher courses on Form I-9 completion and document verification.

3. Negotiate Penalties:

• Work with legal counsel to negotiate any fines or penalties. Demonstrating good faith efforts to comply and taking corrective actions can help in reducing penalties.

Long-Term Practices and Compliance Measures to Prevent Future Issues

1. Adopt the IMAGE Program:

• Consider participating in ICE's Mutual Agreement between Government and Employers (IMAGE) program, which provides training and guidance on best practices for maintaining a lawful workforce.

2. Utilize E-Verify:

• Enroll in E-Verify, a web-based system that allows businesses to confirm the eligibility of their employees to work in the United States. This can enhance compliance and reduce the risk of hiring unauthorized workers.

3. Regular Policy Reviews: 

• Periodically review and update your employment verification policies to ensure they align with current laws and regulations.

By implementing these strategies, businesses can better prepare for ICE audits, address any identified issues effectively, and establish a robust compliance framework to mitigate future risks.

Transitioning from an F-1 student visa to an H-1B work visa is a significant milestone for many international students in the U.S. However, one of the most critical aspects of a successful H-1B change of status (COS) application is proving that you have maintained valid F-1 status throughout your stay. USCIS closely scrutinizes maintenance of status, particularly for those who have engaged in Curricular Practical Training (CPT), Optional Practical Training (OPT), or STEM OPT extension. Failure to adequately document compliance with F-1 regulations can result in a denial of the H-1B petition or, worse, being deemed unlawfully present.

 

In this article, we discuss essential considerations for maintaining status and the key documentation USCIS expects to see when reviewing a change of status request from F-1 to H-1B.

 

1. Importance of Maintaining F-1 Status

 

Before USCIS can approve an H-1B petition with a change of status, they must confirm that you have continuously maintained valid F-1 status up to the requested start date of H-1B status. This means that you must have complied with all F-1 visa rules, including full-time enrollment, authorized employment, and reporting requirements.

 

Failing to maintain status can lead to complications, including a denial of the change of status request, requiring you to leave the U.S. and apply for an H-1B visa at a consulate instead.

 

2.Documenting Maintenance of Status for Change of Status Approval

 

Regardless of whether you were on CPT, OPT, STEM OPT, or remained enrolled as a regular F-1 student, USCIS expects specific evidence to establish compliance with F-1 regulations. Below is a detailed breakdown of the documents required for different scenarios.

 

A. Regular F-1 Students (Without CPT or OPT)

 

If you have remained enrolled as a full-time F-1 student without engaging in CPT or OPT, you should be prepared to submit:

 

• Copies of All I-20s (including those from previous schools if you transferred)
• Official Transcripts from your designated school to confirm full-time enrollment
• Tuition Payment Receipts or bank statements proving tuition payments
• Attendance Records or Enrollment Verification Letter from the designated school official (DSO)

Since you are not engaged in any employment, your primary concern is proving continuous full-time enrollment.

B. F-1 Students on Curricular Practical Training (CPT)

Students who have used CPT must demonstrate that their employment was properly authorized and complied with program requirements. USCIS is particularly strict about CPT, especially with concerns over day-1 CPT programs.

To prove maintenance of status while on CPT, provide:

• I-20s with CPT Authorization showing the dates of employment
• Offer Letter from the employer specifying the job duties, location, and work schedule
• Employer Verification Letter confirming that you were working per CPT authorization
• Pay Stubs or Bank Statements reflecting salary deposits (even if unpaid CPT was authorized, this helps verify engagement with the employer)
• Performance Evaluations or work progress reports from your employer
• Class Enrollment Verification showing that CPT was tied to an academic course (since CPT must be an integral part of the program)