Indians on H-1B visas denied US entry: Why visas get cancelled, what next

Business Standard

24-06-2025

Three Indian nationals holding valid H-1B visas were recently denied entry to the United States at the Abu Dhabi International Airport and had their visas cancelled on the spot by US authorities.
The incident took place at the US Customs and Border Protection (CBP) preclearance facility, where immigration checks are completed before travellers board US-bound flights. According to one of the affected workers, all three had spent over two months in India—exceeding what immigration officers considered an acceptable absence.
'We had a particularly tough situation in US immigration in Abu Dhabi. Authorities revoked H-1B visa and denied port entry for three candidates, including me, for staying in India for more than two months,' said one of the workers in a social media post.
Despite presenting letters from their US employers and emergency documentation justifying the delays, CBP officials refused them entry, citing regulation 41.122(h)(3), and asked them to return to India.
Why the H-1B visa was cancelled
The H-1B visa allows US companies to temporarily employ foreign professionals in fields such as IT, engineering, medicine, and business. The visa is tied to a sponsoring employer who must file a petition with US Citizenship and Immigration Services (USCIS), supported by a Labour Condition Application.
While the visa itself may remain valid, US immigration officers are allowed to assess whether the individual still holds the job for which the visa was issued—particularly after a long absence.
'An H-1B visa holder is allowed to enter the United States up to 10 days before the employment start date mentioned in the approved Form I-797 petition. There is no formal deadline for using the visa once it has been issued, as long as the visa stamp and petition are valid. However, staying outside the US for many months can trigger questions at the port of entry,' Ajay Khatalawala, managing partner at Little & Co told Business Standard.
'Prolonged periods without entry can raise concerns about job continuity, especially if the sponsoring employer has not provided recent pay stubs or updated letters,' he added.
Advocate Palak Gupta, associate at Jotwani Associates, said such delays often become a red flag during inspections.
'Any delay as made by an individual who is seeking employment in US under H-1B visa becomes questionable. The said delay has to be reasonably justified as it creates doubt among customs authorities with respect to:
> Validity of visa
> Whether the individual has actually secured employment
> And if so, whether the said employment is sustaining.'
How preclearance facilities work
Abu Dhabi International Airport is one of several overseas airports where the US conducts full immigration checks before boarding. Others include Toronto and Vancouver.
'At these facilities, CBP officers have the same authority as those at US airports and may carry out more detailed questioning, especially when the traveller is entering on a work visa like the H-1B after a prolonged absence,' said Khatalawala.
He noted that travellers should carry documentation that confirms their job offer is still valid and no material changes have occurred in employment terms.
What H-1B holders should do if denied entry
'Common causes include concerns about the continued validity of the job offer, lack of recent employment documentation, or changes to the terms of the approved petition,' said Khatalawala.
He advised affected workers to:
Contact their sponsoring employer
Obtain an updated employment verification letter
Carry recent pay slips or a client letter (if working at a third-party site)
If the visa is revoked, individuals may refile their H-1B petition under section 101(a)(15)(H)(i)(b) of the INA Act, using Form I-129.
'However, refiling is permitted only if it is for the same job for which the delay occurred. Otherwise, the petition must be filed under the relevant provision of section 214 of 8 CFR,' said Gupta.
'The most effective course of action is to resolve the underlying issues completely before attempting to return to the US,' added Khatalawala.
Changing tone in US immigration checks
Mohammad Reja, advocate at Guwahati High Court, believes H-1B holders must be more cautious in the current environment.
'In the last few days, we have all noticed that after the Trump government came into power, they have come up with a new approach towards the future of immigrants and non-immigrants working in the US.
Every perk comes with a cost, and here the cost is that they may be denied further stay,' said Reja.
'We respect our law and sovereignty, and as such, being a reasonable mind, we should be brave enough to accept the law and sovereignty of the US too,' he added.