In advance of the upcoming holiday travel season and the incoming Trump administration on January 20, 2025, nonimmigrant employees, foreign students/scholars and their dependents (nonimmigrants) should take the following into consideration as they make their international travel plans.
Visa Requirements to Re-Enter the United States After Travel Abroad
Nonimmigrants who return home or travel to another country must have a valid visa in their passport (preferably a multiple-entry visa) to reenter the United States.
Visas are obtained through U.S. Consulates abroad and each U.S. Consulate varies in its procedures and processing times. Nonimmigrant travelers should double-check travel and visa restrictions before traveling and allow sufficient time for the visa process.
Nonimmigrants in the United States who travel to Canada or Mexico for fewer than 30 days are only required to show a valid I-94 record and a visa is not required to reenter the United States. This rule allows individuals to keep the I-94 record and reenter based on the I-94 record and the I-797 Approval Notice. Please note that individuals who have applied for a new visa while abroad and are denied may not benefit from this process, and in fact, may not be allowed to reenter the United States. Before traveling outside the United States, without a valid visa, nonimmigrants should carefully review all requirements and eligibility.
Visa Issuance Delays
Nonimmigrants who will need to apply for a visa to reenter the United States should be aware of delays in visa issuance. The delays may be caused when a visa application is subject to administrative processing, where the U.S. consulate needs additional time to process a visa application. There has been an uptick in administrative processing delays in recent months and specifically at U.S. Consulates in China.
Limited or Lack of Visa Appointments
Nonimmigrants who need to apply for a visa to reenter the U.S. should schedule a visa appointment before departing the United States to confirm their ability to obtain a visa appointment that aligns with their planned return trip to the United States. Visa applicants across the world have reported experiencing technical difficulties in recent months with consulates’ visa appointment scheduling systems that have prevented them from securing an appointment, in many cases for weeks to months. More importantly, President-elect Trump and his representatives have stated that he will be issuing executive orders as soon as on January 20, 2025. While it is not clear what the subject of the executive orders will be, the executive orders may include travel bans similar to the travel ban implemented during his first administration. The implementation of any travel ban will cause turmoil and challenges for U.S. Consulates and Embassies worldwide and could reduce appointment availability or increase wait times for appointments.
Policy changes which may include travel bans through Executive Orders issued on or after January 20, 2025
President-elect Trump and his representatives have stated that President-elect Trump is considering travel bans for certain groups of individuals. The targeted groups who may be subject to such travel bans have not been clearly defined, nor do we know when the travel bans might commence. Therefore, it would be prudent to arrange travel back into the United States before January 20, 2025.
Prior to any foreign travel it is critical for nonimmigrant travelers to consult with immigration counsel to ensure they have sufficient information to make an informed choice about departure, to make contingency plans if their readmission is delayed and to ensure they have the documentation and information needed to apply for readmission into the United States.
Please contact Fredrikson’s Immigration Group at 612.492.7648 with any questions regarding visa and travel requirements.
