Major news for Indian citizens who are living in US. Immigration attorneys in the US are advising Indian nationals to avoid traveling outside the country. This guidance particularly targets H-1B visa holders, international students, and green card holders. While India isn’t on any current travel ban list, lawyers have noted that travelers are experiencing delays with visa stamping. Additionally, many have faced rigorous security checks, and some have even been detained at US airports.
According to immigration lawyers, recent changes in US immigration policies are causing difficulties for Indians. Therefore, if travel isn’t essential, it’s wise to consider postponing plans for now. Kripa Upadhyay, an immigration attorney based in Seattle, mentioned, “It might sound harsh, but foreign nationals—especially those needing to renew their H-1B or F-1 visa stamps—should really think carefully before leaving the US at this moment.”
Changes to Visa Interview Exemption Rules
Recently, the US State Department updated the rules for visa interview exemptions, also known as the ‘dropbox’ appointment. Previously, anyone with a non-immigrant visa (excluding B visitor visas) could apply for an interview exemption if their visa expired within 48 months. Now, however, the dropbox option is only available to those whose visas have expired in the last 12 months.
Long Wait Times for Visa Interviews
Kripa Upadhyay pointed out that foreign students on F-1 visas who need H-1B visas for employment will now face longer waits for interview slots. Similarly, H-1B visa holders whose previous visas expired more than 12 months ago are ineligible for the dropbox and must also wait for an interview. This means that obtaining a visa could take significantly longer now.
Snehal Batra, managing attorney at NPZ Law Group, pointed out that the stress from delays in visa appointment availability is just one aspect of the issue. He mentioned that he knows individuals who are caught in the administrative process, facing extra scrutiny and security checks without any clear reason. Batra believes that if someone has been granted a visa multiple times before, they shouldn’t have to go through this. He suspects that, similar to the previous Trump administration, we might see increased scrutiny this time around, making it tougher to obtain a visa.
Lawyers have noted that even if the USCIS approves an H-1B visa, a consular officer still has the authority to deny it and request a re-evaluation of the application. Upadhyay explained that in such cases, workers outside the U.S. could be stuck for several months—typically around 4 to 6 months—unable to return to the country.
Green card holders are also experiencing heightened scrutiny. Immigration attorneys report a rise in incidents where green card holders, particularly Indians, are facing secondary inspections and even overnight detentions by U.S. Customs and Border Protection (CBP) officials. Some individuals are being pressured to voluntarily give up their green cards. The elderly Indian green card holders, who often travel to India for winter vacations, seem to be the most affected.