Under the Trump administration, U.S. immigration policies are expected to be enforced more strictly, particularly at ports of entry. Recent reports indicate that even visa holders with previously stable statuses, such as H-1B, L-1, O-1, and F-1 (OPT/STEM OPT/CPT), are facing increased scrutiny upon reentry.
ESTA travelers, B-1/B-2 visitors with multiple U.S. entries, and those engaged in third-party work arrangements are also experiencing heightened questioning. Given these uncertainties, green card and visa holders should avoid international travel for at least a year until there is greater clarity on the administration’s enforcement priorities and entry procedures.
Who Is at Risk?
H-1B Visa Holders at Third-Party Client Sites: The Trump administration has historically taken a hard stance on H-1B visa holders working at third-party client locations. USCIS and CBP officers may scrutinize itineraries, contracts, and employer-employee relationships more aggressively, potentially leading to visa denials or refusals at the port of entry.
L-1 Visa Holders in Consulting Roles: L-1 intracompany transferees, especially those in consulting roles, may face entry denials if CBP officers determine that their employment does not align with USCIS regulations. Increased site visits and stricter interpretations of specialized knowledge requirements could pose additional risks.
O-1 Visa Holders Sponsored by Agents: O-1 visa holders, particularly those sponsored by agents rather than direct employers, may have difficulty proving their ongoing employment relationship. This could result in lengthy secondary inspections or even denials of entry.
F-1 Students on OPT, STEM OPT, or CPT: Students on OPT, STEM OPT, or CPT are likely to be questioned about the legitimacy of their employment. Companies offering “day 1 CPT” or questionable employment arrangements may come under heightened scrutiny, putting students associated with such programs at risk of visa cancellations.
B-1/B-2 Visa Holders with Multiple U.S. Visits: Frequent visitors on B-1/B-2 visas may be flagged for potentially working in the U.S. without authorization. Officers may inspect their travel history, business activities, and even electronic devices to determine admissibility.
Green Card Holders Staying Abroad for More Than Two Months: Lawful Permanent Residents (LPRs) could also face challenges if they stay outside the U.S. for extended periods. CBP officers may question whether they have abandoned their U.S. residence, especially if their social media activity, LinkedIn profile, or other digital footprints suggest they are working or living abroad.
Social Media and Digital Surveillance
Under the Trump administration’s previous policies, CBP and USCIS actively monitored social media accounts, emails, and electronic devices during immigration inspections. This trend is expected to continue, meaning any controversial posts, employment details, or foreign affiliations could trigger additional scrutiny.
What Happens If You Are Denied Entry?
If a visa holder is deemed inadmissible at the port of entry, they can be immediately sent back to their home country. In many cases, officers will not offer an opportunity to voluntarily withdraw the application for admission. For green card holders, extended absences or indications of foreign residency could result in a Notice to Appear (NTA) in immigration court, potentially jeopardizing their permanent resident status.
Stay in the U.S. Until the Policies Stabilize
Given the unpredictability of immigration enforcement under the Trump administration, green card and visa holders are strongly advised to avoid international travel for at least one year. Until there is a clearer understanding of the new policies and their implementation at ports of entry, staying in the U.S. is the safest course of action to prevent unnecessary risks of inadmissibility, visa revocation, or permanent residency challenges.
This is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.
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Keshab Raj Seadie, Esq.
View More PostsKeshab Raj Seadie is an immigration lawyer located in New York City and the founder of the Law Offices of Keshab Raj Seadie, PC. The firm has been serving clients for over twenty years, offering counsel and representation in a wide range of immigration law areas.
