In recent months, nonimmigrant visa revocation has emerged as a significant concern for employers, foreign workers, students, and travelers interacting with the U.S. immigration system. Recent changes in enforcement and vetting practices are making visa validity less certain, with serious implications for individuals and organizations alike.

Factors Driving Current Visa Revocations

Traditionally, once a U.S. nonimmigrant visa is issued, it remains valid until its expiration date, unless the visa holder violates immigration law or becomes ineligible. In recent months, however, the Department of State (DOS) and other federal agencies have been taking a more aggressive approach to visa validity, including the following:

• Continuous Vetting: DOS is increasingly using information from law enforcement, immigration databases, and other sources to trigger a revocation, even when a visa holder is residing lawfully in the U.S. or has previously traveled without issue.
• Prudential Revocations: Consular officers have broad discretionary authority to revoke visas based on updated information or perceived risk factors, even when there has yet to be a violation of law.
• Security and Public Safety Reviews: New or updated security concerns, criminal arrests or charges, and changes in immigration status can prompt DOS to reconsider eligibility.

What Does a Visa Revocation Mean?

It is important to note that a revoked visa is not identical to a termination of legal status in the United States:

• A visa stamped in a passport can be canceled, even though the individual can remain in lawful status in the U.S. for the duration of their existing Form I‑94 record.
• A revocation, however, affects future travel and reentry: Without a valid visa, the individual generally must apply for a new visa at a U.S. consulate or embassy abroad before returning to the U.S.

While Immigration and Customs Enforcement can, in some circumstances, receive information from DOS relating to a visa revocation and subsequently initiate removal proceedings, the visa revocation alone does not start the court process.

Practical Impact on Employers and Employees

• For Employers: Revocations can affect access to talented foreign nationals, disrupt project timelines and impact workforce planning.
• For Employees: Revocation can mean canceled travel plans, additional time and expense of consular processing, and unexpected and unpredictable delays, even for people who have been compliant throughout their stay.
• For Families and Students: Those relying on dependent visas can find themselves navigating complex immigration situations if a primary family member’s visa is revoked. Students can face extreme challenges in continuing studies in the U.S.

What Employers and Travelers Should Do Now

We recommend that employers and visa holders:

1. Monitor Visa Status Regularly: Because visa revocations have occurred without notice to the visa holder, foreign nationals traveling outside the U.S. are encouraged to check their a nonimmigrant visa status before traveling abroad at https://ceac.state.gov/ceacstattracker/status.aspx to determine if their visa has been revoked.
2. Maintain Compliance: Ensure ongoing compliance with all requirements for maintenance of status, and employment authorization, including any reporting requirements.
3. Consult Legal Counsel Early: If a visa is revoked or a notice of revocation is received, early consultation with immigration counsel can help clarify options, including reapplication strategies and travel planning.

At Meltzer Hellrung, we assist clients with both proactive planning and responsive strategies when visa validity issues arise. If you have questions about visa revocation risks or how to protect your workforce and travel plans, please reach out.