H-1B Visa Holders Denied Entry, Visas Revoked for Overstay

In a concerning development for international professionals, three Indian H-1B visa holders were denied entry into the United States during preclearance checks at Abu Dhabi International Airport, with their visas subsequently revoked. The individuals—two from Hyderabad and one from Bengaluru—were returning to the U.S. after spending extended periods in India, exceeding what U.S. authorities consider permissible time away.

Despite carrying employer letters and documentation to justify their prolonged absence due to emergencies, U.S. Customs and Border Protection (CBP) officials at the preclearance facility enforced regulation 22 CFR 41.122(h)(3), which permits consular officers to revoke visas when a change in circumstances occurs. The regulation was cited to support the decision that overstaying in India for more than 60 days signaled a potential loss of employment status or misuse of visa privileges.

One of the individuals reportedly remained outside the U.S. for nearly 90 days. Although there is no codified "60-day rule" for H-1B visa travel, legal experts point out that extended absences—especially without clear documentation of continued remote work—can trigger such actions under current enforcement norms.

Community and Legal Response:
The incident has drawn significant attention from the Indian tech community and immigration attorneys. Critics argue that H-1B holders frequently work remotely while abroad and that employer letters should suffice to validate their ongoing employment. However, experts caution that the burden of proof lies with the traveler, and CBP has broad discretionary power at preclearance locations.

What Visa Holders Should Know:

• While the H-1B visa allows dual intent, extended stays outside the U.S. may still be viewed as abandonment of visa conditions.
• Travelers are advised to limit stays abroad to 30–40 days unless they have strong, well-documented reasons for a longer duration.
• Remote work approvals, active payroll records, and employer support letters are essential but not foolproof protections.
• U.S. preclearance locations such as Abu Dhabi are enforcing regulations stringently—leading to on-the-spot visa revocations.

Conclusion:
This incident serves as a strong reminder that visa compliance is not limited to employment status but also includes travel behavior. H-1B holders must carefully evaluate the risks of extended international stays and maintain thorough documentation to support their case during re-entry. Immigration advisors recommend consulting with employers and legal counsel before prolonged travel to avoid jeopardizing visa status.