E-Paper
Do H-1B visa holders have a 60-day travel restriction? Here’s all you need to know
Visa holders must ensure compliance with travel guidelines and maintain documentation to verify employment status.
Reports of three H-1B visa holders being denied re-entry into the US after going back to India for two months surfaced a while ago. Needless to say, the post created panic and confusion among people currently living in the US on an H-1B visa. The incident raised questions about what travel restrictions are imposed on holders of this particular visa category that may restrict their swift re-entry into the country.
“Just now, three H1B holders messaged me from Abu Dhabi Airport. They were denied entry and had their H1B visas canceled for staying in India beyond 60 days — one stayed 2 months 27 days, the others over 3 months,” the post read.
There is no official clarification from the US government regarding whether this incident happened.
The H-1B is a special category visa granted to highly qualified individuals employed by US-based companies. “This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability,” says the official website of the US Citizenship and Immigration Services. This visa is usually valid for three years, which can be extended up to six.
Are travel limits imposed on H-1B visa holders?
According to the official guidelines, there is no formal rule that restricts H-1B visa holders from leaving the country for a period of more than 60 days. However, it is true that the US border authorities exercise extensive discretionary powers in deciding whether a person still meets the requirements of their visa regardless of whether it’s still valid.
This generally requires visa holders to provide extensive proof of their continued employment at a US-based firm so immigration services can deem them to not have abandoned or been fired from their jobs. This case is particularly true for preclearance airports where authorities can restrict a person from boarding their flight if their visa is no longer deemed applicable.
What to do?
• Continue working for your organization.
• Be able to provide substantial proof of your continued employment in immigration services. This may include saving stubs to show recent salary payments.
• Be ready to answer questions from immigration authorities regarding reasons behind prolonged absence.
• Carry an I-797 approval notice when traveling to confirm your current status of employment.
• Carry a detailed employment verification letter from your hiring company.
• Carry any attorney-issued documentation that proves your lawful status and reasons for remote work.
What not to do?
• Avoid staying abroad for more than 60 days without valid documentation proving consistency of employment, such as payment stubs.
• Avoid picking preclearance airports (Abu Dhabi, Dublin, Toronto) for layovers to minimize your chances of thorough investigations by immigration authorities.
• Carry supporting documents like an I-797 approval form, tax records, and legal affidavits in addition to a letter of employment from your hiring organization.
Although carrying documentation while traveling following prolonged periods of absence is necessary, it all depends on your ability to convince the authorities of your continued contributions to a US-based employer.
By Stuti Gupta
