Highlights:
- US confirms no new travel restrictions for current H-1B visa holders.
- The new $100,000 H-1B petition fee applies only to new filings, not existing visas.
- Reentry and visa stamping procedures remain unchanged.
- The 60-day grace period applies only if employment ends, not after international travel.
- CBP officers retain discretion in evaluating long absences but active workers remain eligible to reenter the US.
Concerns have been rising among H-1B visa holders in recent weeks due to new announcements related to immigration policy and rising scrutiny of non-immigrant work visas. However, immigration authorities and legal experts have now clarified that individuals already holding valid H-1B visas will not face new travel restrictions when entering or re-entering the United States.
According to officials, policies surrounding reentry, visa stamping, and border inspections remain unchanged, despite broader policy debates and the recent introduction of new costs for employers filing future H-1B petitions.
The anxiety intensified after President Trump announced on September 19 the imposition of a $100,000 fee on all new H-1B petitions filed from September 21 onward. The announcement triggered widespread confusion among skilled workers, especially those planning international travel. Many feared that the fee signaled wider tightening, including possible barriers to reentry. Social media discussions reflected uncertainty, with H-1B holders seeking firsthand travel experiences and updates from immigration lawyers.
However, US authorities have since issued clarification. The new fee applies to new H-1B petitions, not to individuals currently holding valid visas. It also does not affect the ability of approved H-1B workers to travel abroad and return to the United States. In other words, if someone already has a valid H-1B status and visa stamp, they remain eligible to leave and reenter the country as before.
Immigration consultant Dmitry Litvinov, CEO of Dreem, confirmed the situation, saying, “At this point, H-1B holders are not facing any new travel restrictions. Reentry and visa stamping processes remain unchanged for now.” Immigration attorneys supporting his statement emphasized that routine travel for work or personal reasons continues normally.
Another source of confusion among H-1B workers has been the commonly discussed “60-day rule.” Many believe that being outside the United States for more than 60 days will automatically lead to denial of reentry. However, this is a misunderstanding. The 60-day grace period applies only if a worker’s employment ends—either voluntarily or due to termination. In that case, the individual has up to 60 days (or until the end of authorized stay) to find new employment, change status, or leave the country.
If employment continues and the sponsoring employer has not withdrawn the petition, travel outside the United States—even for extended periods—does not automatically invalidate H-1B status. That said, Customs and Border Protection (CBP) officers do have discretion to evaluate whether an extended absence signals abandonment of employment or intent to maintain status. Therefore, maintaining documentation of ongoing employment is advised.
An H-1B visa may be canceled or revoked if the employer withdraws sponsorship, if the visa holder violates visa conditions, or if fraud is identified. But for individuals who retain active employment and legal status, international travel remains permissible.
As policy debates continue, immigration experts advise H-1B workers to remain informed through official updates and legal advisories, rather than relying solely on online speculation. For now, the message from authorities is clear: current H-1B holders may continue traveling without new restrictions.
