By Richard T. Herman, Esq., Immigration Lawyer

The question of whether an H-1B Visa Holder can safely travel abroad is one that my firm, Herman Legal Group, fields daily. In the current policy climate, the stakes have never been higher. Following the Presidential Proclamation issued on September 19, 2025, which introduced a colossal new $100,000 H-1B Fee Proclamation for certain applications, mass confusion and panic swept across global tech hubs, resulting in urgent travel advisories from major employers and universities. This Proclamation was issued as an executive order by President Donald Trump and involved the Department of Homeland Security in its implementation. This proclamation imposed a $100,000 fee for most new H-1B visa petitions, further complicating the landscape for visa holders and employers alike.

For skilled professionals—many originating from countries like India and China, who are the backbone of the U.S. technology and research sectors—the threat of being “locked out” of the country has made any international trip feel like a perilous gamble.

The Immediate Answer: Is International Travel Risky for H-1B Holders?

Yes, international travel carries a significant and elevated risk for many H-1B Visa Holders right now.

Recent policy changes can impact a visa holder’s ability to travel internationally and return to the U.S. without complications.

While the specific, headline-grabbing threat of the $100,000 H-1B Fee Proclamation has been largely mitigated by agency clarification for those currently working in the U.S., the underlying risks of consular delays remain extremely high.

Key Takeaways for H-1B International Travel Risk

Current employees with valid H-1B status and visa stamps are generally at lower risk compared to new applicants, as their visa processing and re-entry are less impacted by recent immigration policies.

Why the Sudden Urgency? The Impact of the Presidential Proclamation

The immediate wave of anxiety was triggered by a Presidential Proclamation (White House) that restricted the entry of certain non-immigrant workers. The proclamation’s main component was the implementation of a $100,000 H-1B Fee Proclamation that employers would be required to pay for each new H-1B petition.1 The proclamation’s effective date is September 21, 2025, at 12:01 a.m. ET, leaving little time for employers and visa holders to adapt to the new requirements. The provisions of this executive order also include exceptions for cases determined to be in the national interest.

The initial wording of this executive action was broad and led to widespread chaos. Global media outlets, including the Times of India and The Economic Times, ran alarming headlines, fueling frantic queries about whether current H-1B Visa Holders who were abroad could re-enter the U.S. (See coverage from the Times of India).

The fear was immediate and palpable: If I am traveling for a family emergency or vacation, will my employer have to pay an extra $100,000 just for me to return to my job?

The core issue that sparked the immediate H-1B international travel risk was the Proclamation’s initial wording, which seemed to bar re-entry for all H-1B workers outside the U.S. after September 21, 2025, unless the new had been paid. This initial interpretation created a scramble, with thousands of professionals seeking immediate return to the United States before the effective date.

USCIS Clarification on Travel: What Current H-1B Visa Holders Need to Know

Fortunately, swift action by government agencies provided the much-needed USCIS Clarification on Travel, significantly walking back the most alarming interpretations of the Proclamation. U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and the Department of State (DoS) released memoranda confirming a critical distinction. (See official guidance from the Department of State). Current H-1B workers seeking visa stamping or reentry based on existing valid H-1B approval notices are not subject to the new fee, alleviating some of the immediate concerns for those already in the U.S.

For the most up-to-date travel and visa information, readers are encouraged to seek additional guidance from official USCIS, CBP, or Department of State resources.

The Definitive Answer on the Fee

The $100,00B Fee Proclamation and its associated travel restrictions are targeted, not universal.

• Who is Exempt? The restrictions do NOT apply to the following:
• Current H-1B Visa Holders with a valid, unexpired visa stamp in their passport.
• Individuals whose H-1B petition (I-129) was filed prior to the Proclamation’s effective date.
• Individuals who are beneficiaries of currently approved petitions (I-797); these approved petitions are not subject to the new fee and remain valid under the existing regulations.
• Who is Affected? The fee and restrictions apply primarily to new H-1B petitions filed on or after September 21, 2025, specifically for beneficiaries who are outside the United States. This largely affects new hires and lottery winners seeking their first H-1B visa stamp. Additionally, H-1B visa holders are advised to possess their two most recent pay stubs while returning to the U.S. to ensure smooth reentry.

In short, for the majority of employed H-1B Visa Holders already in the U.S. with a valid visa stamp, the risk of being barred entry due to the $100,000 fee is minimal.

According to USCIS Clarification on Travel, the does not prevent any holder of a current H-1B visa from traveling in and out of the United States. The fee is a one-time charge on new petitions filed after the deadline, ensuring existing H-1B Visa Holders retain their travel privileges without the new cost burden.3

 

The True International Travel Risks for H-1B Visa Holders Today

While the immediate Proclamation crisis was resolved by agency clarification, it is dangerous to assume that all H-1B International Travel Risk has vanished. The fundamental risks associated with international travel for a non-immigrant worker remain high and are exacerbated by the current political environment. H-1B visa holders may also be denied entry at the port of entry if there are issues with their documentation or if they are subject to additional scrutiny.

This is the skyscraper information—the risks that exist regardless of any new proclamation.

Risk 1: Consular Processing Delays and the 221(g) Trap

This is the single greatest threat for an H-1B Visa Holder whose visa stamp has expired. To re-enter the U.S., you must secure a new visa stamp at a U.S. Consulate or Embassy abroad (often in your home country, such as India).

• The Waiting Game: Even routine visa renewals in major global consulates face extreme processing backlogs.
• Administrative Processing (221G): This is the immigration purgatory. If the Consular Officer cannot immediately approve the visa, they issue a 221(g) notice, placing the case under “administrative processing.”4 This can involve additional background checks, employer verification, or technology-related clearances (often for those in STEM fields on the Technology Alert List).
• The Outcome: The processing time for 221(g) is officially “indefinite,” but can take weeks, months, or even over a year.5 During this time, the H-1B Visa Holder is stranded abroad, unable to return to their job, family, or life in the U.S. Stricter eligibility rules for interview waivers mean many H1B visa holders must now attend in-person interviews, which can involve lengthy wait times.

Risk 2: Visa Re-Adjudication and the Consular Officer’s Power

A Consular Officer has broad authority to deny a visa, even if USCIS has approved your H-1B petition (Form I-797).

• The CBP and DoS Divide: USCIS is responsible for petition approval (I-797), but the Department of State (DoS) and CBP control visa issuance and admission. A Consular Officer can revoke a valid visa, or more commonly, find an applicant ineligible for the visa under various statutes, forcing the worker to wait abroad while the issue is resolved.6
• The “Specialty Occupation” Test: During the interview, an officer may challenge the nature of the job, the qualifications of the applicant, or the legitimacy of the employer, particularly for IT consulting positions. Applicants should carefully review their I-94 record and passport to ensure the correct visa type is listed, as errors in visa type can lead to complications or delays in travel and employment authorization.

Risk 3: Remote Work, Taxation, and Loss of Status

A prolonged stay outside the U.S., even if unintentional due to Consular Processing Delays, can create severe complications for H-1B Visa Holders.7

Employer Memos and University Advisories: A Case Study in Caution

The intensity of the initial travel warnings highlights the general anxiety in the immigration landscape. These advisories serve as a vital reminder that even a low chance of a catastrophic event is often too high a risk for companies and individuals to take.

• University of Southern California (USC) & Columbia University: These academic institutions, which rely heavily on cap-exempt H-1B professionals for research and teaching, issued formal statements urging faculty and staff to “put international travel plans on hold until they receive further guidance.” The advisory specifically told those outside the U.S. to return immediately.
• Tech Giants (Amazon, Microsoft): Following the Proclamation, major U.S. tech companies were quick to issue internal directives warning their H-1B Visa Holders against non-essential international travel.8 This USC/Amazon/Microsoft Travel Advisory was a direct reflection of the legal uncertainty and the high financial and operational cost of losing a critical employee to a travel delay.

These advisories, even after the USCIS Clarification on Travel, reflect the legal reality: It is safer to remain in the U.S. than to risk being separated from your employment by a bureaucratic or political hurdle abroad.

Given the ongoing changes and uncertainty, H-1B visa holders and employers are strongly encouraged to seek professional assistance to ensure compliance and receive up-to-date guidance on travel and immigration matters.

Essential Pre-Travel Checklist for H-1B Holders: Mitigating Risk

As an immigration lawyer with over three decades of experience, I advise my clients to operate under the assumption that an immigration policy shock can occur at any time. Prudent preparation is your best defense against an elevated H-1B International Travel Risk.

Before making any travel plans, H-1B holders should review official government websites and their own immigration documentation to ensure compliance with current procedures and requirements.

I. Determine Your Visa Stamping Status (The Critical Step)

• Do you have a valid H-1B visa stamp in your passport? If YES, your re-entry risk is relatively low, limited primarily to CBP secondary inspection.
• Is your H-1B visa stamp expired, but your I-797 is valid? If YES, you MUST attend an interview at a U.S. Consulate abroad to obtain a new stamp. This exposes you to the risks of Consular Processing Delays and 221(g). Avoid non-essential international travel in this scenario.

II. Documentation and Legal Preparedness

• Consult Legal Counsel: Always schedule a consultation with your immigration attorney (or employer’s counsel) before finalizing travel plans. A small investment in a consultation can prevent months of being stranded.
• The Traveler’s Toolkit: Carry physical copies of all necessary documents, neatly organized:
• Valid Passport (minimum 6 months validity).
• Original I-797 H-1B Approval Notice.
• Original Labor Condition Application (LCA).
• Employer support letter confirming your job, salary, and necessity of return.
• Last three pay stubs.
• Marriage/Birth certificates for accompanying H-4 dependents.
• Curriculum Vitae (CV) and detailed job description (essential for the interview).
• All relevant forms and applications, ensuring they are properly completed and signed.

III. Strategic Planning for Consular Interviews

• Anticipate 221(g): If you need a visa renewal (especially in high-volume GEO-locations like India), budget at least three months of buffer time for potential administrative processing. Assume your travel will take longer than planned. Obtaining a new visa stamp may require additional documentation and preparation due to current processing delays.
• Check Visa Appointment Wait Times: Use the State Department’s publicly available tool to check current wait times at the consulate where you plan to interview.
• Consider Visa Revalidation: Keep abreast of the ongoing Visa Revalidation Pilot Program that could, in the future, allow certain H-1B workers to renew their visa domestically without international travel. (See Department of State Pilot Program information).

Frequently Asked Questions (FAQ) for H-1B Travel

This section answers the most nuanced questions regarding H-1B international travel, specifically addressing the recent Proclamation and pre-existing risks. U.S. immigration laws are complex and subject to frequent changes, so staying informed is essential.

Q: Does the affect my H-4 dependents’ travel?

**A:**No, not directly. The $100,000 H-1B Fee Proclamation is a charge levied against the employer’s petition (Form I-129) for the principal H-1B worker. Only H-1B petitions submitted after the Proclamation’s effective date are subject to the new fee. However, if the principal H-1B Visa Holder is stranded abroad due to Consular Processing Delays related to their visa stamp, H-4 dependents who are also abroad may face similar delays and travel difficulties when seeking their H-4 visa stamp, as their status is derivative of the principal H-1B holder. The safest course is for all family members to hold valid visa stamps or remain in the U.S.

Q: What is the Visa Revalidation Pilot Program, and how does it reduce my H-1B International Travel Risk?

A: The Visa Revalidation Pilot Program (DOS) is a U.S. Department of State initiative designed to allow certain H-1B Visa Holders (and soon, L-1 holders) to renew their visa stamp domestically in the United States, eliminating the need for international travel and the high risk of Consular Processing Delays abroad. It is currently in a pilot phase, but once fully operational, it is expected to significantly mitigate the H-1B International Travel Risk for eligible professionals.

H-1B holders are encouraged to consult experienced immigration attorneys to determine their eligibility for the pilot program and to stay updated on any policy changes.

Q: If my employer terminates my H-1B while I am abroad waiting for a visa stamp, what happens to my status?

A: Your H-1B status is immediately jeopardized. The employer must generally notify USCIS of the termination, which revokes the I-797 petition. If your petition is revoked while you are outside the U.S., the consular post will be notified and cannot issue the visa stamp, regardless of how far along your case is. You will be denied the visa and must return to the U.S. using an alternative visa (if available) or wait for a new employer to file a new petition on your behalf. This is the ultimate danger of Consular Processing Delays.

Q: Does having an approved I-140 petition protect me from Consular Processing Delays during H-1B visa stamping?

A: No, an approved I-140 (Immigrant Petition for Alien Worker) does not eliminate Consular Processing Delays, but it provides a significant advantage. The I-140 confirms that you have immigrant intent (which is permitted under H-1B dual intent) and validates the long-term legitimacy of your employment. However, it does not stop the consulate from placing your visa stamp application into Administrative Processing (221g) for security or background checks. It is an excellent mitigating factor but not a shield against delays.

Q: If my H-1B is cap-exempt (e.g., I work for a university), am I immune from the travel risk?

A: No, you are not entirely immune. The USCIS Clarification on Travel confirmed that the $100,000 H-1B Fee Proclamation does not apply to current H-1B holders, regardless of whether they are cap-subject or cap-exempt. However, the initial panic and subsequent USC/Amazon/Microsoft Travel Advisory were highly pronounced among cap-exempt institutions like the University of Southern California (USC). All H-1B Visa Holders remain subject to the general risks of Consular Processing Delays, administrative processing, and policy changes at the port of entry.

Q: Does the current political environment mean I should delay my Green Card application (I-485) if I have to travel frequently?

A: No, but caution is essential. Traveling internationally while an I-485 Adjustment of Status is pending requires a valid Advance Parole (AP) document. Traveling without a valid AP document will be treated as abandoning your I-485 application. The best strategy is to apply for AP concurrently with your I-485 and wait until you have the physical AP card before making any international travel plans, thereby reducing your reliance on the H-1B visa for re-entry, and mitigating one element of the H-1B International Travel Risk. (See USCIS FAQs for H-1B Status).

Conclusion: Navigating the Immigration Climate with Caution

The recent experience with the Presidential Proclamation on H-1B Workers serves as a potent reminder: immigration policy in the U.S. is fluid, unpredictable, and often subject to judicial challenge. While the USCIS Clarification on Travel successfully de-escalated the crisis for current H-1B Visa Holders, the risk environment remains highly complex. Recent reports indicated that Customs and Border Protection (CBP) may implement additional screening measures for H-1B visa holders at entry points, further complicating the reentry process.

The path forward for skilled professionals on the H-1B visa is one of calculated caution. For those whose visas are current and valid, the risk is manageable. For those who need a new visa stamp abroad, the risk of being delayed by Consular Processing Delays or 221(g) is a significant occupational hazard that must be treated with the utmost gravity.

Attorney Richard Herman:

“For H-1B Visa Holders, the biggest risk is not the fee issue, but the pre-existing threat of prolonged Consular Processing Delays (221g) at embassies abroad. If your visa stamp is expired and you need a renewal to re-enter, you must be prepared to be stranded for several weeks or months in the current policy climate.”

Author Profile: Richard T. Herman, Esq.

Richard T. Herman is a nationally recognized immigration lawyer, author, and advocate with over 30 years of experience dedicated to guiding immigrants through the complexities of U.S. law. As the founder and President of the Herman Legal Group, Richard has championed the rights of individuals, families, and businesses across the United States.10

His work extends beyond the courtroom; he is the co-author of the acclaimed book, Immigrant, Inc.: Why Immigrant Entrepreneurs Are Driving the New Economy, which showcases the vital role immigrants play in stimulating economic growth and job creation in America. Richard’s commitment to fairness and clarity has made him a trusted voice in the legal community.

To learn more about Richard Herman, his firm’s philosophy on immigration, or to explore resources on H-1B visas and travel, please visit the Herman Legal Group website, and view Richard’s full bio on the official site.

• Connect with Richard: To schedule a consultation with an attorney regarding your H-1B or other immigration matters, please visit the Herman Legal Group website or call .
• Richard’s Bio Page: Learn more about Richard T. Herman’s background and advocacy work.
• H-1B Resources: Explore detailed H-1B visa guides and services provided by the Herman Legal Group.

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• Changing Jobs in Midstream: H-1B Portability
• The H-1B to Green Card Transition Through PERM Labor CertificationEverything You Need To Know About H-1B Myths vs Facts
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