The Department of Homeland Security (DHS) continues to enhance its vetting of all foreign nationals, both in the U.S. as well as those applying for admission at U.S. ports of entry. Similarly, the Department of State (DOS), which operates U.S. Embassies and Consulates worldwide, has implemented applicant screening procedures that subject nonimmigrant and immigrant visa applicants to significant additional scrutiny. Because these procedures have resulted both in denials of visas and applications for admission, and because they are changing frequently, it is important that foreign nationals living and working in the U.S. understand the risks associated with international travel in the current climate. 

The following summary is an overview of the issues foreign nationals should consider when considering travel outside the United States. 

This page is continuously updated to reflect current guidance. We recommend checking this page prior to any potential foreign travel. 

Last updated: January 16, 2026 | Next scheduled review: February 2026

 

Applies to: All visa types and permanent residents

International travel can carry risks even for those with valid visas or lawful permanent residency. CBP officers reassess admissibility at every entry. It’s essential to prepare documentation, understand what may trigger delays or denials, and ensure you remain in compliance with all travel-related obligations.

Recommendations:

• Always travel with original immigration documents. 
• Maintain a valid visa and passport.
• Update your U.S. address with USCIS within 10 days of moving using Form AR-11 to ensure you are not denied entry in the future after travel abroad. 
• U.S. consular officials as well as USCIS and CBP officers may review social media activity and group affiliations of most nonimmigrants for national security purposes. In particular, applicants for F, J and M visas will undergo a comprehensive vetting of their online presence, including all social media, and will be required to adjust the privacy settings on their social media profiles to “public” as part of the visa application process. As of December 15, 2025, all H-1B (and H-4) visa applicants must also make their social-media profiles public so that consular officers can review them. 
  • Avoid affiliations with any group that is known for extremist or controversial political activity. 
  • Be thoughtful in posting information online that may be interpreted as supporting violence, extremism, or anti-U.S. positions. 
• Foreign nationals applying for entry pursuant to parole, including applicants for adjustment of status pursuant to an approved grant of advance parole, may be subject to additional screening and vetting and should therefore anticipate a longer entry process. To the extent possible, individuals with an approved advance parole may wish to maintain a valid nonimmigrant status (e.g., H-1B or L-1) in order to facilitate entry. 
• Starting December 26, 2025, the Department of Homeland Security (DHS) will be authorized to require biometric data collection (e.g., facial recognition, fingerprints) for all non-U.S. citizens entering or leaving the U.S. This requirement will expand and standardize biometric screening across all points of entry/exit.
• When applying for admission, CBP is authorized to inspect an applicant’s electronic devices (cell phones, computers, etc.) for the purpose of determining whether the applicant has engaged in activities that may violate U.S. and render foreign nationals inadmissible. CBP has the authority to retain the electronic device for further inspection in the event an individual (including U.S. citizens and lawful permanent residents) declines to cooperate with the request 
• A criminal history may affect ability to enter the U.S., even for lawful permanent residents. 
• Under U.S. law, convictions for certain serious crimes, including those involving controlled substances, may result in a finding of inadmissibility. Also, foreign nationals who have had prior arrests that did not result in a conviction may be denied entry. If you have been arrested or convicted of a criminal offense, please contact your Melzer Hellrung attorney to discuss legal options before traveling. 
• Secondary inspection, extended questioning and/or denial of admission may be likely for foreign nationals from countries designated by the U.S. as state sponsors of terrorism, such as Cuba, Iran, Syria, and North Korea. Individuals who have been previously subject to Secondary Inspection have a greater likelihood of being selected in the future. For more information, please review our overview of what to expect if you are selected for Secondary Inspection. 

Attorney Tip: Even non-conviction arrests can trigger issues at entry. If you’ve ever been arrested or detained, speak to your attorney before traveling.

⚠️Avoid affiliations with any group that is known for extremist or controversial political activity. Be thoughtful in posting information online that may be interpreted as supporting violence, extremism, or anti-U.S. positions.

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Applies to: All visa types, VWP travelers, and green card holders

The Trump Administration has implemented country-specific travel bans, suspending all entry and visa issuance as either immigrants or nonimmigrants, of nationals of the following countries: 

• Afghanistan 
• Burkina Faso*
• Burma 
• Chad 
• Republic of Congo 
• Equatorial Guinea 
• Eritrea 
• Haiti 
• Iran 
• Laos**
• Libya 
• Mali* 
• Niger*
• Individuals holding Palestinian Authority-issued travel documents 
• Sierra Leone**
• Somalia 
• Sudan 
• South Sudan*
• Syria* 
• Yemen

  * Effective January 1, 2026 

** Elevated from partial to full restrictions as of January 1, 2026     

The travel ban also implements a partial suspension of entry (suspends entry on immigrant visas, and B, F, M, and J nonimmigrant visas) of nationals from the following countries: 

• Angola 

• Antigua and Barbuda  

• Benin 

• Burundi 

• Côte d’Ivoire 

• Cuba 

• Dominica 

• Gabon 

• The Gambia 

• Malawi 

• Mauritania 

• Nigeria 

• Senegal 

• Tanzania 

• Togo 

• Turkmenistan*** 

• Tonga,  

• Venezuela 

• Zambia 

• Zimbabwe. 

***Immigrant visa restrictions only as of January 1, 2026. 

In addition, consular officers are authorized to reduce the validity for any other nonimmigrant visa issued to nationals of the countries listed above to the extent permitted by law. Moreover, nationals from the listed “countries of concern” may face re-examination of previously granted immigration benefits (green cards, asylum, etc.), not just new applications, and should consider the impact of this review on their international travel plans. 

Several exceptions to the travel ban exist, and the limitations described above do not apply to:  

• Individuals previously granted lawful permanent resident status; 
• Dual nationals traveling on a passport from a non-designated country; 
• Diplomats and NATO personnel; 
• Spouses, minor children, or parents of U.S. citizens who are at least 21 years old, with proof of their relationship; 
• Athletes, coaches and support staff, and immediate relatives of athletes participating in “major sporting events,” including the Olympics and the World Cup; 
• Refugees, asylees, individuals granted Withholding of Removal and persons granted protection under the Convention Against Torture; 
• Children adopted abroad; 
• Afghan Special Immigrant Visa (SIV) holders;  
• SIVs for former U.S. government employees; 
• Immigrant visa applicants who are ethnic or religious minorities facing persecution in Iran; and 
• Individuals who the U.S. Attorney General or Secretary of State deemed their entry in the national interest.  

Consular Immigrant Visa Pause

The U.S. State Department announced it will indefinitely suspend consular immigrant visa processing for nationals of 75 countries, effective Jan. 21, 2026. This policy targets applicants filing for immigrant visas at U.S. consulates abroad from a wide range of countries. Applicants will continue to be scheduled for interviews, but no immigrant visas will be issued. The pause is expected to create significant delays and uncertainty in immigrant visa processing for foreign nationals from the listed countries.

The State Department has indicated the pause is intended to support enhanced screening and vetting and to ensure applicants from the affected countries meet U.S. eligibility standards before immigrant visas are issued. The Administration is also citing concerns related to national security and the likelihood that certain applicants could become a “public charge” as part of the rationale for the temporary halt.

Foreign nationals who plan to process their green card applications at a U.S. consulate abroad should contact their immigration counsel to determine available options.

H-1B $100,000 Fee

In September 2025, President Trump issued a Presidential Proclamation that was labeled an entry ban but, unlike the travel bans listed above, it is in fact a targeted restriction on H-1B nonimmigrant workers. The proclamation would bar the entry and visa issuance of H-1B workers unless the H-1B petition is accompanied by a $100,000 “labor market protection fee,” The proclamation is effective as of September 21, 2025, and will expire one year from that date unless it is extended.  

While specific details regarding the implementation of the proclamation are still being determined, and the proclamation may be subject to litigation, current guidance indicates that it does not apply to:  

• H-1B workers already inside the U.S.  

• Existing H-1B visa holders issued before Sept 21, 2025 effective date of the proclamation. 

• Applicants granted a National Interest Exception. 

Many issues remain unresolved and H-1B workers are encouraged to contact their Meltzer Hellrung professional before traveling abroad for the latest updates on the implementation of the $100,000 H-1B fee. 

Additionally, there are other more traditional grounds for implementing travel restrictions on entry to the United States: 

• National security: restrictions based on a determination by DHS or DOS that country supports terrorism or is otherwise a country of concern. 

• Public health emergencies: restrictions based on the existence of a disease of public health significance in a specific country or region. 

• Diplomatic tensions: restrictions based on the existence of political tensions between the U.S. and a particular country.  

Recommendations:

• • Monitor the U.S. Department of State and Centers for Disease Control websites before travel internationally for updates to existing guidance. 
  • Consult with our Meltzer Hellrung attorney if travel is planned from or through countries with existing sanctions or past travel bans (e.g., Iran, North Korea, Syria). 
  • Maintain awareness of the latest developments with respect to the travel ban. 

Attorney Tip: You may be denied boarding or flagged at entry based on prior travel even if that travel occurred years ago or under a previous administration.

⚠️Travel history to high-risk countries can trigger additional screening.

⚠️ If you’ve previously been subject to secondary inspection, you are more likely to be flagged again.

📄 Learn what to expect during Secondary Inspection » 

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Applies to: Lawful permanent residents (green card holders)

Generally, lawful permanent residents have secure reentry rights after travel, even if they are citizens of a country that may be subject to a travel restriction. Nevertheless, citizens of potential travel ban countries may wish to consider limiting international travel as implementation may happen quickly and the full scope of the restriction may only be known when the travel restriction is announced. 

For permanent residents who are not from travel ban countries, the risks of international travel increase if: 

• They have been outside the U.S. for more than 6 months. 

• Thay have been convicted of certain serious criminal offenses. 

• They have been outside of the U.S. for a continuous period of over one year and may be determined to have abandoned their permanent resident status. 

Permanent residents returning after long trips abroad, especially over six months, should expect increased scrutiny, particularly regarding whether the resident abandoned U.S. residence. Specifically, green card holders returning after an extended absence should expect more detailed questioning, including a review of travel history, intent to maintain U.S. residence, and verification of ties to the U.S. (e.g., home, job, family).

Recommendations:

• Always travel with a valid permanent resident card and passport.
• If traveling internationally for an extended period (more than 6 months), carry proof of continued ties to the U.S. (e.g., copies of job confirmation letter, lease, tax returns).
• If traveling abroad for more than 1 year, contact your Meltzer Hellrung attorney to apply for a Reentry Permit prior to departure.
• Renew expired or soon-to-expire permanent resident cards before traveling.

Attorney Tip: Green card holders with criminal convictions—even minor or old ones—can be found inadmissible upon return. Consult your attorney before traveling if you’ve ever been arrested, charged, or convicted.

⚠️Absences of 12+ months without a Reentry Permit may lead CBP to determine that you’ve abandoned your permanent resident status. This can result in denial of entry or referral to immigration court.

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Applies to: Foreign nationals holding U.S. nonimmigrant visas, H-1B, L-1, O-1, TN, E-3, F-1, J-1, and others

While foreign nationals traveling with a valid U.S. nonimmigrant visa (e.g. H-1B, L-1, TN, etc.) should normally be admitted if entering for the purpose for which the visa was issued, it is important to note that each entry is evaluated separately and that prior admission to the U.S. in a particular visa category does not guarantee future admission in that category.

Federal regulations provide that a consular officer or an authorized State Department official may revoke a valid nonimmigrant visa at any time if information arises showing the visa holder no longer qualifies for that visa category. Common triggers include:

• Evidence of fraud or misrepresentation in the visa application process.
• Criminal activity or security concerns.
• Unauthorized employment or violation of visa terms.

The Administration’s policy emphasis on “continuous vetting” means that State Department and other agency officials are reviewing visa holders’ information more frequently, and issues that were previously deemed immaterial are increasingly prompting visa revocations. Because visa revocations have occurred without notice to the visa holder, foreign nationals traveling outside the U.S. are recommended to conduct a nonimmigrant visa status check before traveling abroad at https://ceac.state.gov/ceacstattracker/status.aspx to determine whether their visa has been revoked.

Recommendations:

• Ensure that the visa to be used for admission will be valid on the date of reentry. 
• Ensure that the applicant is in possession of a passport with at least 6 months of remaining validity. 
• Conduct a nonimmigrant visa status check to confirm that the foreign national’s visa has not been revoked.
• Carry copies of supporting documents relevant to the specific nonimmigrant status (e.g., Form I-797, employment verification letters or documentation confirming school attendance). 
• Contact your Meltzer Hellrung attorney before traveling if there are recent immigration or criminal issues. 

Attorney Tip: Always carry more documentation than you think you’ll need. A proactive approach can prevent hours of delay at the airport.

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Applies to: Foreign nationals whose U.S. visa has expired or who are changing to a new visa status (e.g., H-1B to L-1, F-1 to H-1B)

If the foreign national’s current U.S. visa has expired or if the individual is changing to a different nonimmigrant status, they will need to apply for a new visa at a U.S. consulate abroad before returning to the U.S.

The Department of State is now requiring applicants for U.S. nonimmigrant visas to schedule their visa interview appointments at the U.S. Embassy or Consulate in their country of nationality or residence. Nationals of countries where the U.S. government is not conducting routine nonimmigrant visa operations must apply at the designated embassy or consulate, unless their residence is elsewhere.  

• In-person interviews are required of almost all foreign nationals except for applicants seeking reissuance of certain diplomatic categories as well as B-1, B-2, Border Crossing Cards and H-2A visas if the prior visa was issued for the full period of validity to an individual at least 18 years of age  and expired less than 12 months ago. Most applicants for nonimmigrant visas will also be required to pay a $250 Visa Integrity Fee that will be charged separately to each applicant and collected at the time of application.  

Visa applicants should also check the State Department visa reciprocity schedule before submitting their application to confirm the maximum visa validity period and allowable number of admissions as this schedule has been subject to change without notice. 

Recommendations:

• Contact your Meltzer Hellrung attorney to determine current visa appointment processing times and expect delays to lengthen, especially in high-demand posts. 
• Consider taking advantage of the range of services that Meltzer Hellrung offers related to consular visa processing. 
• Apply well in advance; expect interviews and longer wait times. 
• Bring detailed documentation proving nonimmigrant intent (if applicable).

Attorney Tip: Delays in visa issuance can be weeks or months—do not assume same-week reentry is possible.

⚠️Reentry to the U.S. is not possible without a valid visa, unless you qualify for limited exceptions like Automatic Visa Revalidation (for some short trips to Canada or Mexico). Always verify your eligibility before departing the U.S. *

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Applies to:F-1 students with approved H-1B petitions under cap-gap extension

There are additional procedural complexities for F-1 students in the U.S. pursuant to a “cap-gap” extension of stay as the foreign national is technically still in F-1 status while awaiting a decision on a pending petition requesting a change of status to H-1B nonimmigrant. Although international travel is technically possible during the cap gap period (i.e. the period before the change of status to H-1B takes effect) if the foreign national has a valid F-1 visa and the H-1B petition and request for change of status have been approved, it is important to remember that readmission during the cap gap period is at the discretion of the U.S. Customs and Border Protection (CBP) officer at the port of entry.  

Travel abroad while the H-1B petition is pending is not advisable because it will negate the cap-gap authorization and, even if the H-1B petition is approved, USCIS will likely deny the application for change of status. 

Recommendations:

• Avoid international travel during cap-gap period unless absolutely necessary.
• If the international travel occurs while the H-1B petition is pending, leaving the U.S. will void the cap-gap extension, necessitating a consular visa application and a potentially lengthy period of time outside of the U.S.
• If international travel is absolutely necessary, consult with your Meltzer Hellrung attorney before departure to discuss immigration options and timelines for returning to the U.S. 

Attorney Tip: CBP officers have final discretion at the port of entry. Always carry original I-20, H-1B approval notice, proof of OPT/STEM participation, and school enrollment verification.
⚠️ Do not travel while your H-1B petition or change of status is pending.

📚 DHS Study in the States – Cap-Gap Guidance »

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Applies to: Visa Waiver Program entrants, B-1/B-2 visa holders

Traveling to the U.S. on the Visa Waiver Program (VWP) or a B-1/B-2 visitor visa comes with strict limitations in terms of the activities that the foreign nationals may undertake, and the length of time allowed they are allowed to remain in the United States. Foreign nationals admitted pursuant to the VWP may travel to the U.S. for up to 90 days for tourism or business visitor purposes. VWP entrants are generally precluded from extending their stay or changing their nonimmigrant status. 

Note that certain nonimmigrants applying for a B-1 or B-2 visa may be required to post a visa bond before their visa will be issued. The bond, in an amount ranging from $5,000 to $15,000, is the result of a 12-month pilot program announced by the State Department in August 2025. Only citizens of countries listed on the State Department website are subject to the bond requirement, which will be imposed as part of the visa application process and collected via the government’s Pay.gov website    

The “ESTA” fee for individuals traveling to the U.S. pursuant to the VWP has been increased to $40. 

Recommendations:

• Strictly avoid activities outside those permitted as a business visitor or tourist (e.g., no work or study). 
• Foreign nationals applying for admission to the U.S. should have proof of return plans, financial means of self-support, and ties to their home country. 
• Individuals from VWP eligible countries who have traveled to North Korea, Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen will be ineligible to travel under the VWP.  
• Overstays can severely jeopardize future entries and preclude future VWP eligibility. 

⚠️ Important: Misuse of a visitor visa or VWP entry—such as performing work, studying, or attempting to adjust status—can result in denial of entry, removal proceedings, and long-term visa ineligibility.

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Applies to: All nonimmigrant visa holders, immigrants, and permanent residents

While foreign nationals are not typically questioned about immigration status during domestic travel, enforcement varies significantly by region. Some states have increased cooperation with immigration authorities, while others limit such collaboration. Understanding your rights and local enforcement practices is critical for safe travel within the U.S.

Recommendations:

• After entering the U.S., immediately review your Form I-94 at i94.cbp.dhs.gov to confirm:

  • Correct visa type

  • Authorized stay period

• Carry proof of immigration status at all times (e.g., passport, visa, I-94, USCIS approval notices)

• If required, comply with registration requirements and maintain documentation

• Use caution when traveling near land borders, especially within 100 miles, where CBP operates interior checkpoints

• Consult the ILRC State Map to understand how your destination state handles ICE cooperation, including:

  • Notification policies

  • Detainer practices

  • Local law enforcement involvement

Enhanced Enforcement States to Watch:

According to ILRC’s 2024 data, states with high levels of immigration enforcement cooperation include:

• Florida

• Texas

• Iowa

• Georgia

• Alabama

Attorney Tip: If you have any concerns about international travel, consult with your Meltzer Hellrung attorney before making travel plans.

⚠️ Reminder: You have rights under the U.S. Constitution. You are not required to answer questions about your immigration status without legal representation. However, non-citizens should still be prepared to show valid proof of status if requested.

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Helpful Resources

• USCIS Form AR-11 – Change of Address
• CBP I-94 Site
• USCIS Travel Guidance
• CDC Travel Health Notices
• State Department Travel Advisories

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👥 For HR, People Ops, and Global Mobility Teams

If your employees are planning international travel, feel free to share this page with them. It’s designed to help foreign national employees understand travel risks and prepare for a smooth return.

Not working with Meltzer Hellrung yet? Get in touch to learn how we support HR teams with immigration travel planning and compliance.

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