Should H1-B Holders Worry About Deportation Soon?

While H-1B visa holders are not the primary focus of current U.S. immigration enforcement, recent policy shifts have introduced increased scrutiny that could impact their status.

Heightened Scrutiny Under New Policies

The reimplementation of stricter immigration policies has led to a more rigorous examination of visa holders, including those on H-1B visas. Notably, federal agencies have begun issuing Requests for Evidence (RFEs) that require detailed personal information, such as home addresses and biometrics, raising concerns about potential deportation risks.

Additionally, a ""one-strike"" policy has been introduced, wherein any violation—no matter how minor—could result in visa revocation for students and temporary workers . This underscores the importance of strict compliance with all visa conditions.

Risks Associated with Travel and Employment Changes

Traveling abroad has become riskier for H-1B holders. There have been instances where individuals were denied re-entry into the U.S. despite holding valid visas, often due to increased scrutiny at ports of entry .

Moreover, job loss can significantly impact H-1B status. Visa holders typically have a 60-day grace period to secure new employment; failure to do so may lead to being out of status and potential deportation.

Recommendations for H-1B Visa Holders

To mitigate risks:

• Maintain Compliance: Ensure all visa conditions are met, including employment terms and timely renewals.

• Limit Non-Essential Travel: Given the increased scrutiny at borders, consider postponing non-critical international travel.

• Stay Informed: Regularly consult with immigration attorneys and stay updated on policy changes.

• Document Everything: Keep thorough records of employment, visa documents, and any communications with immigration authorities.

While the current environment presents challenges, adherence to visa regulations and proactive measures can help H-1B holders navigate these complexities.