Here’s what a lawyer advices H-1B visa holders amid Donald Trump’s immigration crackdown, ‘think twice about…’

With the Donald Trump administration in the United States cracking down on illegal immigration and visas that allow migrants to work or stay in the country, such as the H-1B visa, F-1 visa, L-1 visa, and some green card holders, an immigration lawyer bluntly advised those vulnerable — “think twice about leaving the US.”

Immigration attorney Kripa Upadhyay from Seattle, speaking to the Times of India, noted that entry back into the US is now precarious and “extremely vetted”. This means that all those at risk of being denied re-entry must be very careful about not leaving the country.

Attention H-1B Visa Holders, International Students, Green Card Holders & Their Families

“This sounds heartless, but foreigners (especially those needing to renew H-1B or F-1 visas) must think twice about leaving the US right now,” Upadhyay told the paper that they are advising all clients to cancel overseas travel plans. Notably, India is not on the Trump administration's proposed travel ban list, but the uncertainty has caused fear regardless.

Upadhyay added that even if the US Citizenship and Immigration Services (USCIS) approved an H-1B visa, the consular officer can still reject the application and request re-adjudication.

Airports are witnessing “extreme vetting”, such as secondary inspections and even detention and questioning of returnees, who immigration officials allegedly deem “suspicious”, as per travellers on social media.

Hiccups in Appointments, Administrative Processing & Security Clearances

Snehal Batra, managing attorney at NPZ Law Group, told TOI that besides the delays in visa appointments and application stamping, they have also encountered cases where individuals, even those who have previously gone through the processes, are “stuck in administrative processing for no apparent reason other than additional scrutiny and security clearances”.

“This should not have happened. I think we can expect to see ‘extreme vetting’ similar to the tenure of the earlier Trump administration,” Batra added.

Speaking to the paper, Rajiv S Khanna, managing attorney at Immigration.com, felt that if those at risk cannot avoid travel, they and their employers should have "contingency plans" in case re-entry is blocked.