H-1B New Rule: Are existing H-1B visa holders facing issues while returning to the US?

The US authorities have clarified that existing H-1B visa holders will not face restrictions while returning to the country from abroad. In light of the recent immigration crackdown targeting non-immigrants, there is a growing concern among those travelling to the US. Many have turned to social media forums seeking clarification and insights regarding the current situation.

President Trump proclaimed on September 19, imposing a $100,000 fee on all H-1B visa petitions filed after September 21. The US authorities subsequently clarified that the Proclamation does not prevent any holder of a current H-1B visa, or any foreign beneficiary following petition approval, from traveling in and out of the United States.

Dmitry Litvinov, CEO and Founder of Dreem, an immigration consultant, informs, “At this point, H-1B holders are not facing any new travel restrictions. According to immigration attorneys we work with, reentry and visa stamping processes remain unchanged for now.”

Similar experiences were shared on social media, where users holding H-1B visas entered the US without any concerns. The other concern that many users on social media face on returning to the US after a long gap. Many consider 60 days to be the cut-off period after which H-1B visa holders are denied entry to the US.

However, there is no such 60-day period for overstays. According to the 60-day H-1B rule, if a nonimmigrant worker’s employment ends, either voluntarily or involuntarily, they and their dependents need to depart the United States within sixty days, or when their authorized validity period ends, whichever is shorter.

However, if they apply for a change of nonimmigrant status or an application for adjustment of status within the 60-day grace period, the nonimmigrant’s legal stay in the United States may exceed 60 days, even if they lose their previous nonimmigrant status.

U.S. Customs and Border Protection (CBP) officers have considerable discretion in determining if an H-1B visa holder’s prolonged absence suggests abandonment of their U.S. employment or their intent to preserve visa status.

The H-1B visa can be canceled or revoked in several situations: if the employer withdraws the petition, in case of violations of H-1B conditions, or if there is fraud or misrepresentation. However, if the individual is outside the U.S., still employed with legal status, and nothing has been withdrawn, they are generally not affected.