An H-1B holder recently faced an unexpected visa revocation nearly nine months after their visa approval. The delayed notice has raised serious concerns, as the worker remains legally authorised to work despite the revocation.
Old Arrest Triggers Fresh Trouble
The visa holder had earlier been arrested for public intoxication. The charges were later dismissed after they returned to their country. This incident occurred before the H-1B visa was approved.
221(g) Hold Was Already Cleared
At the time of application, the case was placed under a 221(g) hold. The applicant submitted medical records and proof that the charges were dismissed. The visa was approved only after this review was completed.
Revocation Raises Confusion
The revocation after approval has left both the worker and employer confused. The employee is still legally allowed to work in the US. However, international travel now carries serious risks.
Travel Could Lead to Re Entry Issues
Leaving the country could cause severe issues during re entry. The worker would need to apply for a new visa stamp. Due to the revocation, approval chances remain low.
Long Delays and Employer Impact
New visa stamp wait times exceed six months because of enhanced H-1B social media vetting. The employer may also receive an RFE seeking a character certificate linked to the past offence.
Crackdown Linked to Trump Administration
Experts believe the revocation is tied to stricter immigration enforcement under the Trump administration. Even dismissed charges are now triggering visa actions under tougher scrutiny.
Legal Advice Strongly Recommended
Immigration lawyers strongly advise against leaving the country. The worker should immediately consult an immigration attorney. Professional guidance is critical to determine the safest next step.
