As international travel continues to play a critical role in workforce mobility, we want to provide a timely update on several key topics that may impact employers and foreign national employees. Please review the following important information to help ensure smooth travel and compliance with U.S. immigration requirements.
Travel Bans and Entry Restrictions Under the Current Administration
Recent statements and early policy signals from the current Trump administration suggest that new or renewed travel restrictions could be implemented in the coming months. While no new travel bans have been formally announced at this time, we are closely monitoring the situation for potential country-specific restrictions targeting regions deemed security risks.
As part of the 2017 executive orders on travel restrictions, which went through several changes and legal challenges, citizens from the following countries faced varying level of bans from entry into the United States: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen, Venezuela, North Korea, Chad, Eritrea, Kyrgyzstan, Myanmar (Burma), Nigeria, and Tanzania.
These bans generally targeted immigrant visas (green cards) and sometimes nonimmigrant visas, depending on the country. Waivers were available in limited circumstances, but approval rates were low. For Venezuela, the ban was limited to government officials and their families. The ban on the country of Chad was very temporary because it improved security protocols to the satisfaction of the U.S. Government.
We recommend that prior to any international travel, especially for citizens of these countries, travelers should confirm the most current entry and visa policies specific to the traveler’s nationality and visa type. Employees from countries that have previously been subject to travel restrictions should consult with their Graham Adair attorney before making travel plans.
We will provide updates if any new proclamations or bans are issued.
Travel Guidance for H-1B Lottery Registrants
For foreign nationals whose H-1B cap-subject petitions were submitted in this year’s lottery (FY 2026), international travel may impact their ability to re-enter the U.S. or adjust their status, depending on case status and travel timing.
There are some specific scenarios to be aware of. For example, if a cap-subject H-1B petition was filed as a change of status, leaving the U.S. while the petition is pending may result in an automatic conversion to consular processing. This may require the individual to apply for an H-1B visa abroad before re-entry.
Individuals currently in F-1 or other nonimmigrant status should be cautious and consult with one of our attorneys before travel, as re-entry back into the United States could be complicated depending on when the F-1 status and/or EAD card expire. If expiration is prior to the H-1B start date, typically October 1, 2025, re-entry could be complicated. If you have an F-1 visa stamp that will still be valid at the time of re-entry, travel should be fine. However, if you do not have a valid F-1 visa stamp, and your H-1B was filed as a change of status, it is advisable to not travel outside of the United States until your H-1B is active on October 1, 2025.
General Travel Reminders for Foreign Nationals
Regardless of visa category or case status, there are several travel best practices that all foreign national employees should keep in mind:
- Check passport validity: Passports should be valid at least six months beyond the intended date of re-entry into the U.S. Ideally, your passport should be valid for at least six months beyond your current approval (e.g., I-797).
- Carry original immigration documents: Travelers should carry their original visa approval notices (e.g., Form I-797), valid visas, and job verification letters when returning to the U.S.
- Visa stamping delays: Be aware that some U.S. consulates are experiencing delays in visa appointments or extended administrative processing times. Plan accordingly if a visa stamp is needed.
- I-94 updates: Always check your I-94 record after re-entry to confirm accuracy. Any errors should be reported and corrected promptly. After you re-enter the United States, you can find your new I-94 information at https://i94.cbp.dhs.gov/search/recent-search. Please always share the new I-94 with your attorney so that your file can be updated.
Contact Us
For any employees who are planning international travel or have questions about how recent developments may affect immigration status, please reach out to your designated Graham Adair attorney or email us at info@grahamadair.com. We are here to help ensure your travel and immigration processes remain smooth and compliant.
—
This alert is provided for informational purposes only and does not constitute legal advice. For guidance on specific situations, please contact Graham Adair directly.