Receiving an H-1B visa used to mean a short trip abroad. Now this may mean you are stuck.
Google, Apple, Microsoftand other companies are advising some employees on visas not to travel outside the U.S. due to a new Trump administration policy requiring consulate employees view visa applicants' posts on social media before visas are issued.
The additional verification delays processing, and some embassies and consulates are canceling or rescheduling visa appointments—in some cases for many months—as the backlog grows.
Here's what you need to know:
What is an H-1B visa?
The H-1B visa is essentially a travel document—a stamp in a worker's passport that allows him to show up at a U.S. airport or border and ask for entry. It is usually valid for up to three years. But that doesn't guarantee admission, explained Jason Finkelman, a Texas lawyer who specializes in family and employment immigration.
The Customs and Border Protection officer makes the final decision about whether the worker is allowed entry and under what immigration status. The officer issues an I-94 record with an “entry by” date, which determines how long the person is allowed to stay.
Because they are separate processes, they do not always expire at the same time. Someone may have a visa stamp that expires at the end of 2026, but their status will be valid until 2028.
This means that the visa holder can continue to legally live and work in the United States even after the visa stamp in their passport expires, as long as the “admit by” date has not passed.
How do H-1B holders renew their stamps?
If a visa holder needs a new stamp, they usually need to apply to a U.S. consulate or embassy, usually in their home country. The visa holder schedules an interview, where a consular officer checks his documents and asks questions about his work or background.
If everything goes smoothly, they will receive their passport back with a new stamp. Lawyers say processing times can range from days to weeks, depending on where the application is processed and whether it is flagged for additional review.
What's happening now?
Some people who traveled abroad to renew their visas had their appointments postponed or rescheduled, sometimes without much warning. Until they have this stamp in hand, they will not be able to board their return flight or show up at the border and expect to be allowed in.
New impressions on social networks slow down the process in many ways. Effective December 15, the State Department expanded its “online presence” checks to all H-1B applicants and their H-4 family members and directed applicants to make their social media profiles public so consular officers could monitor their activities.
Justin Parsons, a partner at global immigration law firm BAL, said about 40 or 50 of his clients are unable to return to the U.S. while they wait for visa stamps. He said his customers are experiencing longer delays in Hyderabad and Chennai, India.
A State Department spokesperson told Business Insider on Thursday that the purpose of the screenings is to use “all available tools” to identify applicants who are inadmissible, including those who pose a risk to the national interest or intend to engage in activities inconsistent with the terms of their visas.
What does the new social media screening include?
What this new screening will look like in practice is still a focus. The State Department did not specify exactly how consular officials evaluate social media posts or how long the added review might take.
What advice do immigration lawyers give to visa applicants?
According to the company's lawyers, visa applicants should carefully review their profiles to ensure that basic details such as job titles, employers, locations and dates match what is stated on their visa documents. Duane Morris And Fisher Phillips. They warn that even small inaccuracies can raise questions or additional scrutiny.
Some firms also warn against trying to clear accounts or delete messages at the last minute. If an immigration officer notices this, it may be considered evasion.
For now, lawyers are urging caution. In some cases, lawyers say, the safest decision now may be not to travel at all.
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