Although India is not included in the proposed U.S. travel ban list, immigration attorneys are urging H-1B visa holders, their families, international students, and even green card holders to reconsider overseas travel due to increasing risks and delays.
This caution arises from multiple concerns, including significant delays in visa stamping at U.S. consulates abroad (such as in India), the reintroduction of extreme vetting procedures, and a rise in secondary inspections at U.S. airports. Many travelers have faced detentions upon re-entry into the country. Seattle-based immigration attorney Kripa Upadhyay highlighted the risks, stating, “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.”
In response to these challenges, the U.S. Department of State has revised the eligibility criteria for interview waiver appointments, commonly known as dropbox appointments. Previously, applicants qualified 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 new policy, dropbox appointments are now only available for applicants renewing a visa in the same non-immigrant category, provided their previous visa expired within the last 12 months.
These changes directly impact visa holders. International students holding an F-1 visa who now require an H-1B visa must schedule an in-person interview. Similarly, H-1B visa holders seeking an extension whose previous visa expired more than 12 months ago will also need to secure an interview appointment. Given these adjustments, visa holders are strongly advised to carefully plan their travel and assess the risks of delays or denial of re-entry into the U.S.
Delays in visa appointments are only part of the growing concerns among immigrants, according to Snehal Batra, managing attorney at NPZ Law Group. Speaking to The Times of India, Batra stated, “We know of individuals 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 now 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-evaluation, causing significant delays. Immigration attorney Kripa Upadhyay further cautioned, “Employees who travel abroad under these circumstances could find themselves stuck for several months—at least four to six—before being allowed to return to the U.S.”
For visa holders who must travel, Rajiv S. Khanna, managing attorney at Immigration.com, advises both 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,” Khanna suggested.
Green card holders are also experiencing increased scrutiny. Immigration attorneys have reported a growing number of lawful permanent residents, particularly 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 have been pressured into voluntarily surrendering their green cards.
Elderly Indian immigrants who divide their time between the U.S. and India are especially vulnerable to such treatment. Many live with their children in the U.S. but spend extended periods in India, particularly to avoid harsh American winters. Given these developments, attorneys now recommend that green card holders—especially those who have lived in the U.S. for many years but never applied for American citizenship—should apply for U.S. passports as soon as they become eligible. Until then, they are advised to avoid international travel whenever possible.
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