Coming back to the U.S. on an H1B visa has become more uncertain.
- March 4, 2025
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For many years, holders of H1B visas have adhered to a simple procedure for re-entering the country: present a valid visa, respond to a few questions, and proceed
For many years, holders of H1B visas have adhered to a simple procedure for re-entering the country: present a valid visa, respond to a few questions, and proceed
For many years, holders of H1B visas have adhered to a simple procedure for re-entering the country: present a valid visa, respond to a few questions, and proceed on their way. However, a recent incident at a U.S. airport has sparked worries about possible changes in immigration inspections.
An H1B visa holder returning from Portugal faced an unexpected hold-up at immigration. Although they had successfully traveled internationally 14 times in the past year without any problems, this occasion was distinct.
The officer at the counter asked for the original I-797 approval notice, a request that had not been made previously. When a digital copy was shown, the officer insisted on the original and sent the traveler to a secondary screening room.
During the secondary inspection, a different officer asked the traveler where they were headed. Once the traveler confirmed that their final destination was home, the officer scanned the passport and allowed entry, without providing any additional details. While the procedure was quick, it seemed unusual and left some questions unanswered.
There is no formal requirement for H1B visa holders to present the physical I-797 when re-entering the U.S. Nevertheless, immigration officers can choose to ask for more documents. Although this may have been a unique occurrence, it underscores the uncertainty of U.S. border inspections.
Since immigration procedures frequently change, it may be wise for H-1B visa holders to keep their original I-797 with them when traveling abroad. This simple measure could help prevent unnecessary delays and confusion at customs.