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Guidance for Foreign National Employees and Employers
⚠️ TRAVEL RISK LEVEL: MODERATE
Due to recent reports of increased detainments, secondary inspections, and denials of entry at U.S. borders, the risk associated with international travel for foreign nationals has been elevated to MODERATE. This applies to visa holders (H-1B, L-1, O-1, F-1, etc.) and even green card holders.
❗ Recommendation: Limit Travel When Possible
🔍 What’s Driving the Elevated Risk?
Increased scrutiny at U.S. ports of entry, including more frequent detentions and secondary inspections
Reports of border officers denying entry to individuals with valid visas or green cards
CBP searches of phones and laptops for documents or activity that may suggest unauthorized employment
Travelers being asked to sign forms withdrawing their admission or abandoning green cards
🧭 What to Know If You Are Detained by CBP
1️⃣ Communication Is Extremely Limited
If you are detained at a U.S. port of entry:
You are not guaranteed a phone call, and CBP has full discretion over whether to allow you to contact anyone.
If permitted, you may call your employer or an attorney — but legal counsel cannot intervene while CBP is actively processing your case.
2️⃣ What Attorneys Can and Cannot Do
Even if you manage to reach an attorney:
CBP is not obligated to delay action or consult with legal counsel during the inspection.
Attorneys cannot stop CBP from denying entry or requesting that you withdraw your application.
Your attorney can only assist after a decision is made, such as:
Advising you on how to respond if you are returned home
Challenging the outcome via redress
Supporting future visa or reentry planning
3️⃣ If You Are Detained: What to Do
If you're questioned or detained — and permitted to take notes or make a call — collect this info:
Port of entry (e.g., SFO, JFK, LAX, land border)
Name(s) of CBP officer(s) involved
What documents or information you gave CBP
Statements CBP made, including any grounds for inadmissibility
Any documents CBP requested or withheld
📞 If you're allowed to call, notify your company's immigration point of contact immediately.
4️⃣ Most Common Reasons for CBP Detainment
While not routine, foreign nationals may be detained for:
Suspected immigration fraud or misrepresentation
Criminal records (even minor or older offenses)
Unauthorized employment or prior visa violations
Frequent or unusual travel patterns
Name matches on watchlists or flagged nationalities
✅ What You Should Do Before Traveling
✈️ Pre-Travel Checklist
Consult an attorney if you’ve ever had a criminal case, visa denial, or unusual travel history
Carry clear documentation supporting your travel:
I-797 approval notice
Employer letter confirming job and travel reason
2–3 recent paystubs
Supporting docs for the travel reason (e.g., medical letter, funeral invite)
Make a contact list: HR, managers, attorney, DSO, and close family
💻 Device & Social Media Clean-Up
CBP can legally search your electronic devices. Prepare as follows:
✅ Carry only essential content on your phone or laptop
❌ Remove resumes, freelance work, or job applications
❌ Avoid politically sensitive or controversial social media content
✅ Use a travel-specific device if possible
🧠 At the Border: Stay Calm and Smart
✅ Be truthful, respectful, and brief
❌ Do not volunteer documents or details that weren’t asked for
❌ Do not sign any documents — especially Form I-407 — unless you fully understand the consequences
❗If detained, stay calm and contact your designated company contact as soon as you’re permitted
🏢 For Employers
Proactively issue support letters for employees traveling for essential purposes
Identify and train a designated point of contact for CBP-related emergencies
Discourage non-essential travel for foreign national staff until further notice
Keep immigration counsel informed of any travel plans
🔚 Final Note
We understand the rising tension and uncertainty around international travel. While many individuals still reenter the U.S. without issue, the number of complications is rising — and so is the need for caution.
📌 If you must travel, do so with preparation, documentation, and a clear understanding of what to expect at the border.
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