Although India is not on the proposed U.S. travel ban list, immigration attorneys are strongly advising their clients — including H-1B visa holders and their families, international students, and even green card holders — to avoid overseas travel.
The reasons for this caution range from visa stamping delays at U.S. consulates abroad (such as in India) to the reintroduction of extreme vetting and a rise in secondary inspections, including detentions at airports upon re-entry into the U.S.
Seattle-based immigration attorney Kripa Upadhyay warned, “As heartless as this may seem, foreign nationals — especially those needing renewal of H-1B or F-1 visa stamps — really need to think twice about leaving the U.S. right now.”
The U.S. Department of State has updated its eligibility criteria for interview waiver appointments (commonly known as dropbox appointments).
Previously, applicants could qualify for an interview waiver if they had been issued a non-immigrant visa in any category (except B visitor visas) and were applying within 48 months of its expiration.
Under the revised rules, dropbox appointments are now only available for applicants renewing a visa in the same non-immigrant category, provided it has expired within the past 12 months.
This means that an international student holding an F-1 visa who now requires an H-1B visa must schedule an interview.
Similarly, an H-1B visa holder needing an extension but whose previous visa expired more than 12 months ago will also have to wait for an interview slot, Upadhyay explained.
Delays in visa appointments are only part of the concern, according to Snehal Batra, managing attorney at NPZ Law Group.
Speaking to The Times of India, Batra said, “We know of individuals who are stuck in administrative processing for no apparent reason other than additional scrutiny and security clearances. This should not be happening, especially to individuals who have been previously approved for a visa multiple times. I believe we will see ‘extreme vetting’ similar to what was implemented during the Trump administration.”
Adding to the uncertainty, U.S. consular officers have the authority to refuse an H-1B visa even after U.S. Citizenship and Immigration Services (USCIS) has approved it. In such cases, the application is sent back to USCIS for re-adjudication, causing significant delays.
“Employees who travel abroad in this situation could find themselves stuck for several months — at least four to six — before being allowed to return to the U.S.,” Upadhyay cautioned.
For those who must travel, Rajiv S. Khanna, managing attorney at Immigration.com, advises visa applicants and their employers to have contingency plans in place.
“In case of delayed stamping, individuals should consider options such as working remotely from their home country,” he suggested.
Meanwhile, green card holders are also facing heightened scrutiny. Immigration attorneys report an increasing number of lawful permanent residents, including Indian nationals, being subjected to secondary inspections or even overnight detention at U.S. airports by Customs and Border Protection (CBP) officers. In some cases, individuals are being pressured into voluntarily surrendering their green cards.
Particularly vulnerable to such treatment are elderly Indians who reside with their children in the U.S. but frequently spend extended periods in India to avoid harsh American winters.
Attorneys are now advising green card holders — many of whom have lived in the U.S. for decades but never applied for American citizenship — to obtain their U.S. passports as soon as possible. Until then, they are being urged to avoid international travel whenever possible.
