Synopsis : U.S. officials have confirmed that existing H-1B visa holders face no new travel restrictions or procedural hurdles when reentering the country. Immigration experts say reentry and visa stamping remain unchanged, easing concerns amid recent immigration policy shifts.
H-1B Visa Update: No New Rules Affecting Existing Holders Returning to the U.S.
In a major relief for thousands of foreign professionals, U.S. authorities have clarified that existing H-1B visa holders will not face new restrictions while returning to the United States. The reassurance comes amid heightened anxiety following President Trump’s recent immigration proclamation, which introduced a $100,000 fee on all H-1B petitions filed after September 21.
Officials have confirmed that the new fee rule applies only to new petitions and does not impact individuals currently holding valid H-1B visas or those traveling in and out of the U.S.
Smooth Reentries Reported by H-1B Holders
Several H-1B visa professionals have reported smooth reentries into the U.S. without any additional scrutiny or procedural changes.
According to Dmitry Litvinov, CEO and Founder of Dreem Immigration Consultants, “At this point, H-1B holders are not facing any new travel restrictions. Reentry and visa stamping processes remain unchanged for now.”
Immigration attorneys also confirmed that customs and consular officers are following existing rules, ensuring continuity and stability for foreign workers.
Clarifying the 60-Day Rule: Myths vs. Reality
Social media has been rife with confusion over a so-called 60-day reentry rule, with some users claiming they were denied entry after long absences. Experts, however, have clarified that no such rule exists for travel reentry.
The 60-day period applies only to employment termination cases, where H-1B holders and dependents must depart or change status within 60 days of losing their job. As long as visa holders remain employed and in valid status, extended stays abroad do not automatically void their visa.
That said, U.S. Customs and Border Protection (CBP) officers retain discretion to assess whether a prolonged absence indicates abandonment of U.S. employment.
When Can an H-1B Be Revoked?
An H-1B visa may be revoked or canceled under certain conditions, including:
Employer withdrawal of the visa petition
Violations of H-1B conditions
Fraud or misrepresentation
However, if the visa remains valid, the employer has not withdrawn the petition, and the holder retains lawful employment, they are generally not impacted.
Key Takeaway
Despite the evolving immigration landscape, current H-1B visa holders remain unaffected by new travel policies. Experts advise maintaining documentation of ongoing employment and ensuring that the sponsoring company’s petition remains active when traveling.
Disclaimer : This article is for informational purposes only and does not constitute legal or immigration advice. Readers should consult a licensed immigration attorney for guidance on their specific visa or travel situation.
