With the return of the Trump administration, U.S. immigration policies are expected to undergo stricter enforcement, particularly at ports of entry. Recent reports indicate that even visa holders with previously stable statuses, such as H-1B, L-1, O-1, and F-1 (OPT/STEM OPT/CPT), are facing increased scrutiny upon reentry. ESTA travelers, B-1/B-2 visitors with multiple U.S. entries, and those engaged in third-party work arrangements are also experiencing heightened questioning. Given these uncertainties, green card and visa holders should avoid international travel for at least a year until we have better clarity on the administration's enforcement priorities and entry procedures.

Who Is at Risk?

1. H-1B Visa Holders at Third-Party Client Sites

• The Trump administration has historically taken a hard stance on H-1B visa holders working at third-party client locations. USCIS and CBP officers may scrutinize itineraries, contracts, and employer-employee relationships more aggressively, leading to visa denials or refusals at the port of entry.

2. L-1 Visa Holders in Consulting Roles

• L-1 intracompany transferees, especially those in consulting roles, may face entry denials if CBP officers determine that their employment does not align with USCIS regulations. Increased site visits and stricter interpretations of specialized knowledge requirements could pose further risks.

3. O-1 Visa Holders Sponsored by Agents

• O-1 visa holders, particularly those sponsored by agents rather than direct employers, may face issues proving their ongoing employment relationship. This could lead to lengthy secondary inspections or even denials of entry.

4. F-1 Students on OPT, STEM OPT, or CPT

• Students on OPT, STEM OPT, or CPT are likely to be questioned on the legitimacy of their employment. Companies offering “day 1 CPT” or questionable employment arrangements may come under heightened scrutiny, and students associated with such programs risk visa cancellations.

5. B-1/B-2 Visa Holders with Multiple U.S. Visits

• Frequent visitors on B-1/B-2 visas may be flagged for potentially working in the U.S. without authorization. Officers may inspect their travel history, business activities, and even electronic devices to determine admissibility.

6. Green Card Holders Staying Abroad for More Than 2 Months

• Lawful Permanent Residents (LPRs) could also face challenges if they stay outside the U.S. for extended periods. CBP officers may question whether they have abandoned their U.S. residence, especially if their social media, LinkedIn activity, or other digital footprints suggest they are working or living abroad.

Social Media and Digital Surveillance

Under the Trump administration's previous policies, CBP and USCIS actively monitored social media accounts, emails, and electronic devices during immigration inspections. This trend is expected to continue, meaning any controversial posts, employment details, or foreign affiliations could trigger additional scrutiny.

What Happens If You Are Denied Entry?

If a visa holder is deemed inadmissible at the port of entry, they can be immediately sent back to their home country. In many cases, officers will not offer an opportunity to withdraw the application for admission voluntarily. For green card holders, extended absences or indications of foreign residency could lead to a Notice to Appear (NTA) in immigration court, potentially jeopardizing their permanent resident status.

Conclusion: Stay in the U.S. Until the Policies Stabilize

Given the unpredictability of immigration enforcement under the Trump administration, it is strongly advised that green card and visa holders avoid international travel for at least one year. Until we have a clearer picture of the new policies and their implementation at ports of entry, staying in the U.S. is the safest course of action to prevent unnecessary risks of inadmissibility, visa revocation, or permanent residency challenges.

Elderly Green Card Holders Face Increased Pressure to Surrender Green Card or Residency at U.S. Airports

Recent developments indicate that elderly green card holders are encountering heightened scrutiny upon re-entering the United States. Reports suggest that U.S. Customs and Border Protection (CBP) officers are increasingly pressuring these individuals to voluntarily relinquish their lawful permanent resident (LPR) status by signing Form I-407 at ports of entry.