Trump Inauguration Travel Advisory
We recommend that persons who are residing in the US in a temporary status avoid leaving the country if they will need to apply for a visa while abroad, and will not be returning to the U.S. until after Trump takes office on January 20, 2025. While it is unlikely that the new administration will take immediate steps that would prevent such persons from returning, we believe it would be prudent to avoid international travel until there is a better understanding of how the new administration may change visa issuance/re-issuance policy. This recommendation applies to all nonimmigrant classifications, including H-1B, L-1, O-1, TN, E-3, and H-1B1 temporary workers, as well as F-1 students, and J-1 exchange visitors.
We are aware that some law firms, universities, and employers are recommending that all foreign nationals, irrespective of whether they have a valid visa, take steps to avoid being outside the country at the time of Trump’s inauguration, for fear that the new administration will immediately issue a ‘travel ban’ that would prevent them from returning. In our opinion, it is unlikely that the new administration will attempt to ban persons who have a valid visa and who have been maintaining valid status from reentering the country after a short trip abroad. If it does, the federal court will likely block the ban within a matter of days, as was the case with Trump’s ‘Muslim Travel Ban’, which was issued when he took office in 2017.
Irrespective of whether you have a valid visa or when you are returning to the US, we recommend speaking with your attorney before making international travel plans if you believe that you may have overstayed or otherwise violated your immigration status, or if you have been arrested, even if the charges were dropped or you were found innocent. You should also speak with your attorney if you are a temporary worker and your work location or job duties have changed substantially unless you are sure that appropriate steps, if required, have been taken to amend your status.
When seeking to reenter the country as a temporary worker (e.g., H-1B, L-1, O-1, E-3, TN, etc.), you should always bring:
Your passport with at least six months of validity (unless you are exempt from this requirement based on your nationality)
Valid and unexpired visa (unless you are visa exempt)
Copy of your I-797 approval notice (if applicable)
Recent pay records and/or employment verification letter as evidence of your continued employment
If you are seeking to return as a student in F-1 status, you should carry:
Your passport with at least six months of validity
Valid and unexpired visa (unless you are visa exempt)
Your I-20 certificate of eligibility, with travel endorsement issued by your school within the last 6 months
If you are working pursuant to optional practical training (including STEM extensions), you should also bring your EAD card, recent pay records, and/or employment verification letter as evidence of your continued employment
For other statuses, including L-1 blanket status, please consult with your attorney if you are unsure about what documents to carry when you seek to reenter the country.