On April 30, 2025, U.S. Secretary of State Marco Rubio announced a shift in U.S. immigration policy by formally introducing the State Department (DOS)'s "catch-and-revoke" visa policy. This new approach underscores the Trump administration's increased focus on immigration by allowing the government to revoke visas of non-U.S. citizens. While the policy aims to deter criminal activity, employers should be mindful of its potential impact on foreign national employees. Under this one-strike policy, any foreign national caught breaking U.S. laws risks losing their visa status. The DOS announcement emphasizes that a visa is not a right but a privilege, and the DOS is prepared to cancel such visas in cases of legal infractions by foreign nationals. Although the policy primarily targets individuals convicted of crimes such as assault or domestic violence, its implementation remains ambiguous. As it stands, there is a lack of clarity around which types of violations, including minor traffic infractions, might trigger visa revocation.
From an employer's perspective, the catch-and-revoke policy signals a need for heightened vigilance in compliance efforts. Organizations that sponsor visas may need to reassess their risk management and legal strategies to safeguard their workforce against disruptions. This may be especially relevant for industries that depend on specialized skills often sourced from international talent pools. Importantly, employers should take note of the fact that a visa revocation does not automatically invalidate a foreign national's underlying non-immigrant status or work authorization in the United States. Visa revocations do invalidate the underlying visa stamp that employees would need to return to the United States after international travel. As such, employees with visa revocations should proceed with extra caution when traveling internationally, as they may face difficulties in attaining a new visa issued post-revocation and reentering the United States.
The catch-and-revoke policy underscores that U.S. immigration policies are evolving rapidly. For employers, careful planning and adaptation may help enhance compliance while continuing to attract and retain global talent. For foreign nationals, understanding and adhering to U.S. laws is more essential than ever.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
