H-1B and H-4 visas: Indian-American immigration attorney issues warning amid stricter vetting rules: ‘Don’t post…'

The gustavus franklin swift insurance policy changes and modifications linked to Donald Trump's enforcement actions have prompted a plethora of cautions from immigration experts. Non-immigrant visa holders are at present subject to unusual levels of scrutiny, especially H-1B employees.

In view of the increased social media screening procedures and the September proclamation that imposed a $100,000 fee to new H-1B applications, it is not a desirable time for non-immigrants to depart the United States if they want to return soon. Even several top firms like Google and Apple have warned their employees against international travel amidst the ongoing chaos and policy changes in the US.

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Leading American corporations and a number of immigration attorneys have expressed concern about non-immigrants leaving the country for visa stamping. Visa interviews are being significantly delayed and, in certain cases, canceled due to the recent changes in the immigration landscape. As a result, travelers with visas are facing more challenges.

A well-known Indian-American immigration lawyer recently stressed in an interview with IANS what many others have previously pointed out over the past week.

Visa categories such as H-1B, F-1, and J-1 have been significantly affected by the modifications implemented by the Trump administration. Numerous visa holders find themselves stranded in their home countries after traveling to renew their documentation, as US consulates are delaying scheduled interviews to facilitate more thorough background checks.

Speaking to IANS, Aparna Dave stressed that visa holders should refrain from returning to their home countries unless absolutely necessary. “It is advisable to remain in the United States,” she stated.

As per a new visa interview regulation titled “Home Country Only,” which will take effect on September 6, 2025, the US State Department has discontinued the practice of “third-country visa stamping.” Consequently, non-immigrant visa applicants are now mandated to arrange their visa interview appointments at the US embassy or consulate located in their country of origin.

If an applicant's country does not provide embassy services, the State Department has designated alternative consulates for visa appointments.

She also emphasized that applicants who initially depended on Canada or Mexico for their appointments might encounter numerous obstacles.

Notably, Dave suggested that only visa holders who leave the US and later attempt to re-enter require a visa stamp. Therefore, it is recommended that these individuals avoid international travel entirely.

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The Trump administration highlighted national security as a major concern while promoting extensive social media inspection, as applicants for H-1B and H-4 visas were instructed to make all of their social media profiles public starting on December 15. Due to consulates' need for more time “to vet all applicants,” Dave advised prospective visa holders to avoid posting delicate views about political and religious topics online.

“Refrain from posting anything on social media, which is political, religious… it’s sometimes just not worth it.”

Dave stated in the IANS internet that even a Customs and Border Protection (CBP) officer is authorized to inspect a visa applicant's phone and social media at the port of entry.

Consequently, secondary screenings may also contribute to delays, which can affect the employment or other legal nonimmigrant status of foreign nationals in the US.

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