Publication
Immigration Update: Travel Advisory & Student Visas
Travel Advisory
The Trump administration continues to change the immigration landscape. While it has not yet announced travel bans as it did early in President Trump’s first term, the U.S. Customs & Border Patrol (CBP) is refusing entry to some foreign nationals who hold valid visas, but who the government has determined espouse positions detrimental to the United States’ interests. Some of these denials appear to be based on the foreign national’s social media posts, or what is discovered on their electronic devices when questioned at the port of entry. CBP has the authority to search electronic devices of anyone entering the United States, including U.S. citizens, without a warrant.
It is therefore important to know what you, your employees, including those with non-immigrant work visas, green cards, and U.S. citizens, can expect when traveling internationally. For a discussion of what types of searches CBP can execute and steps you can take to protect your data, review the document: “Electronic Device Searches at U.S. Ports of Entry: What You Need to Know.”
Consulates are also taking a closer look at visa applications and renewals, which is a direct result of President Trump’s Executive Order requiring closer scrutiny of all foreign nationals who are seeking admission to the United States. Companies with foreign nationals traveling abroad should expect longer delays at consulates and possible placement of those employees in administrative processing overseas.
Companies with foreign workers may also want to consider implementing a policy that requires all employees to provide advance notice to the company before traveling abroad. Foreign nationals who do travel must remember to check their I-94 upon entry to ensure that it contains the correct visa classification and is for the period authorized on the USCIS approval notice Form I-797. If the I-94 is incorrect, the foreign national needs to immediately request the correction at the port of entry.
Revocation of Student Visas
Secretary of State Marco Rubio has recently announced that the government has already revoked hundreds of student (F) visas based on those students’ involvement in pro-Palestinian protests. Other students have had their F-1s revoked due to misdemeanor charges. Early reports are that these visas are being revoked without any advance notice to the foreign student, or to the university they attend, or from which they graduate.
While many of the students impacted were physically on campus attending classes when their visas were revoked, others may have already graduated and are working for companies on post-completion Optional Practical Training (OPT) after receiving an Employment Authorization Document (EAD). Others may be on a subsequent STEM OPT extension.
If these students’ F-1 visas are revoked, their ability to continue working in the U.S based on their EAD also ends immediately. Therefore, it is important to communicate with your foreign national employees who are on OPT or STEM OPT, and let them know that if their visa is revoked, they must notify you immediately.
**Any opinions expressed are the authors’, and not necessarily those of the firm or their colleagues.
About Snell & Wilmer
Founded in 1938, Snell & Wilmer is a full-service business law firm with more than 500 attorneys practicing in 17 locations throughout the United States and in Mexico, including Los Angeles, Orange County, Palo Alto and San Diego, California; Phoenix and Tucson, Arizona; Denver, Colorado; Washington, D.C.; Boise, Idaho; Las Vegas and Reno, Nevada; Albuquerque, New Mexico; Portland, Oregon; Dallas, Texas; Salt Lake City, Utah; Seattle, Washington; and Los Cabos, Mexico. The firm represents clients ranging from large, publicly traded corporations to small businesses, individuals and entrepreneurs. For more information, visit swlaw.com.
