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As the holiday season approaches, many foreign national employees are planning international trips to visit loved ones. While these breaks are well-deserved, they can also bring unexpected immigration challenges — especially for those in H-1B, L-1, O-1, F-1, or parole status.
Proactive planning and travelling abroad only if necessary can save a lot of stress later.
What to Expect
- The proposed $100K H-1B fee does not in itself restrict travel for current visa holders.
- However, policy shifts, staffing shortages, and extra scrutiny at ports of entry can create last-minute complications.
- A valid visa does not guarantee reentry — final admission is always at the discretion of U.S. Customs and Border Protection (CBP).
Top 5 Tips for a Smooth Return
- Check Visa & Passport Validity – Ensure your passport is valid for at least six months beyond your return date and your visa is current.
- Renew Early – If your passport expires soon, and you need to travel abroad, start the planning process now.
- Travel and Pending Petitions – Avoid
traveling abroad while a petition is pending with USCIS. Departing
the U.S. before the petition is adjudicated will result in the
petition being considered abandoned and could prevent reentry.
- If your petition involves a change of status (for example, from F-1 to H-1B) and you leave the U.S. after approval, you will need to apply for an H-1B visa at a U.S. consulate before returning.
- Share Travel Plans – Notify HR and your manager before traveling so potential timing, workflow or compliance issues can be managed proactively.
- Verify Your I-94 Record After Reentry – Review your electronic I-94 at i94.cbp.dhs.gov to confirm the correct status and expiration date. CBP sometimes shortens admissions in error or based on passport validity which can limit validity and work authorization.
- Travel Prepared and Informed – Carry original immigration documents (and copies) and recent paystubs and be alert to sudden policy changes.
Additional Considerations
- Consular Appointments: Expect longer wait times for visa stamping, limited availability and delays for administrative processing.
- Online Activity Review: U.S. officers are screening social media; avoid posts or affiliations that could be misinterpreted.
- Criminal History: Even old arrests can affect admissibility — consult counsel before traveling if applicable.
- Advance Parole Holders: Allow extra time for inspection and, if possible, maintain valid nonimmigrant status to ease reentry.
👉 See our full guide and consular process infographic go HERE
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.
