Advisory for Nonimmigrant Visa Holders: Return to the U.S. Before January 20th

A CBP Officer processes an incoming passenger at the Newark International Airport. Photo by James Tourtellotte (United States government work)

(Keshab Raj Seadie is an immigration lawyer based in New York City. He is the founder of the Law Offices of Keshab Raj Seadie, PC, one of the leading U.S. immigration law firms. The firm provides counsel and representation in nearly every area of immigration law and has been established for over two decades.)

As Donald Trump prepares to assume office on January 20th, nonimmigrant visa holders (F-1, H-1B, L-1, TN, E-3) and TPS holders are strongly advised to return to the United States before this date to avoid potential complications. Based on Trump’s previous policy positions and statements, there is a significant risk of travel bans, delays in visa issuance, or other restrictive measures that could affect both nonimmigrant and immigrant visa holders.

Keshab Raj Seadie

Key Concerns for Visa Holders:

Trump has pledged to enact sweeping immigration and domestic policies that may directly or indirectly impact visa holders and immigrants. These include:

  • Border Restrictions: Plans to close the U.S.-Mexico border could lead to delays or disruptions in cross-border travel, affecting visa holders attempting to re-enter the U.S.
  • Mass Deportations: A proposed large-scale deportation program may increase scrutiny of visa holders and TPS beneficiaries, including those re-entering the U.S. after travel abroad.
  • Changes to Parole Programs: TPS holders who traveled on advance parole should return promptly, as there may be abrupt changes to parole-related policies.

Broader Policy Changes:

In addition to immigration-specific measures, Trump has proposed several other actions that may shape his administration’s approach:

  • Rollback of Environmental Regulations: Expedited permits for drilling and fracking, alongside reduced environmental safeguards.
  • Education Restrictions: An executive order targeting federal funding for schools incorporating certain racial, sexual, or political content.
  • Conomic Policies: New tariffs on goods from Mexico, Canada, and China, which could influence international trade and employment sectors.
  • Pardons for January 6 Insurrection Participants: Pardoning individuals involved in the Capitol insurrection may signal a shift in priorities for law enforcement and federal programs.

Recommendations:

  • Return to the U.S. Immediately: Nonimmigrant visa holders and TPS beneficiaries currently abroad should make arrangements to return before January 20th to ensure re-entry under current policies.
  • Monitor Policy Announcements: Stay informed about potential changes to immigration policies, particularly those that could affect travel, visa renewals, or legal status.
  • Consult an Immigration Attorney: If you have concerns about your legal status or future plans, seek professional guidance to navigate potential challenges.

The political landscape may change rapidly, and early action is essential to secure your ability to live, work, and study in the U.S. under existing immigration rules.

The information provided here is general and for informational purposes only. For specific immigration advice, please consult a licensed attorney.