by JPeters | May 5, 2025 10:06 am
There have been several widely publicized incidents related to enhanced vetting of visa holders by state and federal officials at United States Consulate offices and all ports of entry. Several countries have now issued new travel advisories[1] for the United States. There are also credible rumors of a travel ban[2] in the coming weeks aimed at the citizens of certain countries.
Besides generating headlines, these incidents have also produced considerable anxiety for foreign nationals with temporary visas and Green Cards seeking entry to the United States. If you are an employer seeking to sponsor foreign talent to come work in the United States, or if you already employee persons with work visas or Green Cards, you are undoubtedly wondering how these policies will affect the employment-based immigration[3] system and your global talent recruitment and employment programs. Also, employers with foreign national employees and contract workers on their payrolls wonder whether it is safe to travel and how to advise and support these individuals in the current political and social environment.
What is happening?
Foreign nationals attempting to enter the United States — business visitors and employer-sponsored visa holders — report increased scrutiny and questioning by Customs and Border Protection[4] (CBP) officials. It is routine for CBP officials to assess whether an individual’s stated purpose in traveling to the United States aligns with their visa or immigration status. What has not been routine until recently is the more in-depth scrutiny many individuals have experienced.
• More questions and requests for supporting documentation relating to the stated reason for entry and the proposed activities while in the United States.
• More “secondary inspections” that involve more questioning and time.
• Enhanced electronic device and social media searches are frequent at land crossings, airports, seaports, and even at CBP preclearance locations abroad — such as those in Dublin, Ireland, and Toronto, Canada.
Visa-holding travelers facing a higher risk of scrutiny when returning to the United States include current citizens or residents of a country where there are current diplomatic tensions with the United States, travelers with passport stamps revealing recent travel to “high-risk” countries, individuals traveling while an extension of visa status is pending or due to expire, and passport holders with gender markers on their passports.
The Trump Administration has also changed the dropbox/no in-person interview option at consulate offices[5] abroad. Now, this option is only available to applicants renewing a temporary visa in the same category that has expired within the past 12 months. Previously, it was 48 months for any visa category. It is reasonable to assume that the resulting high demand for the now-required in-person interview will result in significant issuance delays.
The increased vetting of Green Card holders returning to the United States from travel abroad—including the seizure of digital devices—is providing CBP officials with additional means and justification for questioning the holder’s “permanent resident intent.”
Additionally, the Trump Administration has recently revoked the Temporary Protected Status[6] (TPS) for hundreds of thousands of Venezuelan[7] and Haitian[8] nationals, two of the largest groups of TPS beneficiaries now living in the United States. The TPS program is a humanitarian visa program allowing noncitizens from designated countries with ongoing conflict, natural disasters, epidemics, or other extraordinary circumstances to reside and work in the United States. The revocation of TPSs for Venezuelans and Haitians is facing significant backlash from advocacy groups as well as legal challenges.
Considerations for employers
With the heightened scrutiny of noncitizen travel into the United States, many noncitizen residents holding Green Cards or temporary work visas are now avoiding non-essential travel outside the United States. Particularly if an individual has a potentially problematic social media record or is a citizen of one of the countries targeted in an anticipated travel ban, travel outside the United States could create difficulties upon that person’s return.
If international travel is necessary, employers can help ensure that their noncitizen employees are in possession of all the required documentation that may be needed when returning to the United States. These documents include a valid passport from the country of citizenship, a valid visa that matches the individual’s current immigration status, Form I-94[9] (if necessary), employment authorization documents, travel endorsements from the sponsoring employer, and other documents such as marriage certificates and birth certificates for dependents, and any legal documents that support the individual’s visa status. If a noncitizen employee plans to be outside the United States for one year or more, applying for a reentry permit (Form I-131[10]) before leaving the country would be wise.
Noncitizens traveling to the United States are advised to protect and encrypt their electronic device data. Temporary visa holders may be denied entry if they refuse to answer questions about their trip and visa status. They can also have their electronic devices seized. It is more difficult to deny Green Card holders entry, but there is sufficient anecdotal evidence to suggest that Green Card holders are not immune from more onerous and time-consuming scrutiny if they refuse to answer questions about their trip and share their passwords.
Employers should establish clear communication protocols for all of their noncitizen employees to follow to alert the employer’s appropriate legal and human resource personnel of an intention to travel outside the United States. Employers should also review their I-9 compliance and conduct a rigorous and thorough self-audit to ensure all employees have been properly screened to legally work in the United States.
Seek counsel
If you have any questions or concerns about these emerging employment-based immigration policies, the legal status of new hires, I-9 recordkeeping, or other issues related to your workforce development plans, don’t hesitate to contact Orr & Reno for assistance.
Steven L. Winer[11] and Emily A. White[12]
Source URL: https://orr-reno.com/is-it-safe-to-travel/
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