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. These evolving protocols have resulted in increased delays, denials, and refusals of admission.

Given the fast-changing nature of these policies and the high stakes involved, it’s essential for foreign nationals living and working in the U.S. to understand the risks associated with international travel. Drawing on Meltzer Hellrung’s experience advising global workforces, this guide outlines the key considerations travelers should review before departing the United States.

This page is continuously updated by our team to reflect the latest guidance from DHS and DOS. We recommend consulting it ahead of any planned international travel.

Last updated: August 7, 2025 | Next scheduled review: September 2025

 

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 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. 
  • 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. 
• 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 
• Burma 
• Chad 
• Republic of Congo 
• Equatorial Guinea 
• Eritrea 
• Haiti 
• Iran 
• Libya 
• Somalia 
• Sudan 
• Yemen   

The travel ban also implements a partial suspension of entry of nationals from the following countries: 

• Burundi: Suspends entry on immigrant visas, and B, F, M, and J nonimmigrant visas. 

• Cuba: Suspends entry on immigrant visas, and B, F, M, and J nonimmigrant visas. 

• Laos: Suspends entry on immigrant visas, and B, F, M, and J nonimmigrant visas. 

• Sierra Leone: Suspends entry on immigrant visas, and B, F, M, and J nonimmigrant visas. 

• Togo: Suspends entry on immigrant visas, and B, F, M, and J nonimmigrant visas. 

• Turkmenistan: Suspends entry on immigrant visas, and B, F, M, and J nonimmigrant visas. 

• Venezuela: Suspends entry on immigrant visas, and B, F, M, and J nonimmigrant visas. 

 Consular officers are further authorized to reduce the validity for any other nonimmigrant visa issued to nationals of the countries listed above to the extent permitted by law.  

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.  

 

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)

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. 

In-person interviews will be required of most applicants except for those applying for visa reissuance within 12 months of the prior visa’s expiration who were at least 18 years old at the time of the prior visa’s issuance. 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:

• Always carry a valid Permanent Resident Card (Green Card) and foreign passport.
• Avoid international trips of 6 months or longer, which can raise questions about your intent to maintain permanent residency.
• Bring evidence of ongoing U.S. ties (e.g., job offer letter, U.S. lease, recent tax filings) if traveling for extended periods.
• If you plan to be abroad for 1 year or more, apply for a Reentry Permit from USCIS before departure.
• Renew your green card if it is expired or expiring soon, as it is required for reentry.
• Citizens of countries subject to potential travel restrictions should consult an immigration attorney before making travel plans.

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

Holding a valid visa does not guarantee admission to the U.S. CBP officers review each entry independently and consider your purpose, background, and consistency with the visa classification.

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. 
• 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.

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

F-1 students transitioning to H-1B status under cap-gap provisions may now travel internationally if their H-1B petition and change of status request have already been approved and they return before October 1.

However, travel is not permitted if the H-1B petition or change of status request is still pending—doing so will result in the abandonment of the change of status.

Recommendations:

• Confirm your H-1B petition is approved with a change of status request

• Reenter the U.S. before your H-1B start date (typically October 1)

• Carry all required documentation to prove valid F-1 status

• Ensure you are otherwise admissible under immigration law

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. 

Attorney Tip: Overstays—even by a day—can have permanent consequences. When in doubt, ask.

⚠️ 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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