Top 5 Travel Considerations for Holiday Travel and Beyond
The U.S. Department of State recently implemented policies and processes that could significantly impact international travel over the holidays and into 2026. As employees consider international travel, they should be mindful that these updates may affect the ability to return to the U.S.
1. Social Media Scrutiny for H-1B, H-4, F, M, and J Visa Applicants
Beginning December 15, the U.S. Department of State implemented an expanded social media screening and vetting process for all H-1B and H-4 visa applicants as part of visa application adjudications, in addition to F, M and J visa applicants who are already subject to this screening. This policy's stated intention is to identify potential national security and public safety concerns while verifying visa eligibility and compliance. The policy applies to anyone applying for an H-1B, H-4, F, M, or J visa at a U.S. embassy or consulate abroad and cannot be waived.
- The U.S. Department of State has instructed visa applicants to set Social Media Accounts to “Public”: This may include Instagram, Facebook, Twitter/X, LinkedIn, TikTok, and any other social media platforms. As the review is mandatory, refusing to make social media accounts public may result in a visa refusal or cause significant processing delays.
- Be Aware of Online Presence: Content related to politics, social movements, or religion may be viewed as sensitive or controversial. Consular officers may review social media accounts for content suggesting:
- A potential public safety or security risk
- Intent to engage in illegal activities
- Misleading or inconsistent information about an employee’s background or intentions
- Hostility toward the United States.
In adjudicating visa stamp requests, consular officers may ask detailed questions about social media activity, including likes, posts, or comments, particularly if there are any inconsistencies between the information in the visa application and online presence.
2. Visa Refusals and Revocations Due to Heightened Security Checks
As part of the enhanced screening and vetting process, consular officers are now reviewing prior law enforcement encounters, including criminal records for both minor and serious offenses, such as speeding violations and DUIs. In addition, consular officers are no longer required to give deference to previously granted waivers of inadmissibility. Such screening may result in visa revocations of already issued visas.
3. Expect Longer Visa Processing Wait Times or Unexpected Delays
As consular officers may take additional time to conduct social media screening and background checks, visa processing times may increase. Certain embassies and consulates—particularly in India—have already delayed or rescheduled visa appointments to mid-2026 as they adjust workloads and integrate these new requirements.
4. Expanded U.S. Travel Ban
On December 16, the White House announced the expansion of travel restrictions to the United States increasing the total number of affected countries to 39. Under this expansion, full travel restrictions will be imposed on nationals of 19 countries: Afghanistan, Burkina Faso, Burma, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria and Yemen. Additionally, foreign nationals using travel documents issued by the Palestinian Authority will be restricted from entering the United States.
Partial travel restrictions will now apply to nationals of the following 20 countries: Angola, Antigua and Barbuda, Benin, Burundi, Cote d’Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Turkmenistan, Venezuela, Zambia and Zimbabwe.
Certain exceptions to the policy remain in place for lawful permanent residents, dual nationals traveling on a passport issued by a non-restricted country, and those whose travel is determined to be in the U.S. national interest. The policy will take effect on January 1, 2026, and will not apply to foreign nationals who are physically present in the United States or possess a valid visa on that date.
5. The $100,000 H-1B Visa Fee Remains in Effect
Employers are reminded that certain H-1B petitions filed on or after September 21, 2025 may be subject to the $100,000 fee. In certain limited circumstances, this fee can be triggered by international travel such as when the travel occurs during a pending change of status process. Employees should be advised to notify the HR team or Quarles before travelling outside the U.S.
Conclusion
Given the increased scrutiny and potential for significant processing delays, employees should carefully consider whether international travel is necessary - especially if a new visa stamp is required to reenter the United States. If international travel is unavoidable, develop contingency plans for work and personal obligations.
The Quarles immigration team will continue to closely monitor developments related to these policies. For questions about this alert, please contact your Quarles immigration attorney or:
- Emily Shircel: 414-277-5217 / emily.shircel@quarles.com
- Nneka Umeh: 312-715-5124 / nneka.umeh@quarles.com
- Rukayya Gitau: 202-780-2631 / rukayya.gitau@quarles.com