- within International Law topic(s)
The winter holiday season is one of the busiest travel times of the year, and a time when many foreign nationals and their families take the opportunity to leave the U.S. for visits home and to renew visa stamps and other biographic documents. U.S. consulates and embassies around the world are particularly busy during this time of year with increased demand for visa appointments and staff shortages as consular staff take their own vacations. Moreover, travelers should be aware of new changes to U.S. Department of Homeland Security (DHS) policies that may impact their travels.
As detailed below, all individuals living and working in the U.S. who are planning to travel internationally this holiday season should plan now to ensure that they and their families have the proper documents in hand and that visa appointments are scheduled well in advance at U.S. consular posts abroad.
Below, we list a few key points – including new updates for the upcoming holiday travel season – that foreign national employees, green card holders, and U.S. citizens should consider prior to traveling internationally:
Check the Validity of Travel Documents – Including U.S. Passports
All individuals returning to the U.S. after international travel, including foreign nationals, U.S. citizens, and green card holders, must have a valid passport to be admitted back to the U.S. Further, U.S. Customs and Border Protection (CBP) will not admit a foreign national for a period of stay beyond the expiration of their passport, while many foreign nationals must have a passport valid for 6 months at the time they enter the U.S.
In addition, with very limited exceptions, to re-enter the U.S. after travel abroad, foreign nationals must have a visa stamp in their passport that reflects their nonimmigrant status in the U.S. and is valid at the time of their return. All individuals returning to the U.S. after foreign travel must therefore check the validity of their passports and visa stamps before leaving the U.S. and foreign nationals may wish to renew their passports and visa stamps while in their home country during holiday travel.
Schedule Visa Appointments Early
To obtain a new visa stamp or renew an expiring visa, foreign nationals and their families will need to attend an in-person visa appointment at a U.S. consulate or embassy outside of the United States. U.S. consular posts around the world have different processes to schedule a visa appointment. Foreign nationals should therefore carefully review and follow the procedures at their chosen U.S. consular post. Further, as noted above, during the holiday season – one of the busiest travel times of the year – there is less availability of visa appointments at all U.S. consular posts around the world. Foreign nationals should therefore take all these points into consideration and schedule visa appointments as early as possible, allowing for flexibility in their own travel arrangements if desired appointment dates are not available.
Limitation on Third Country Visa Processing
Visa applicants are reminded that the U.S. Department of State (DOS) has restricted third-country processing of Non-Immigrant Visas. Even if they are successful in securing a visa appointment at a third country post, there have been reports of consular posts refusing to adjudicate the visa at the time of interview, lengthy visa adjudications at third country posts, and extensive administrative processing for third country nationals.
Attending a Visa Appointment at a U.S. Consular Post Outside the U.S.
Foreign nationals should be prepared to attend their visa appointments with the required documents. The U.S. consular post will require that applicants provide their original, current passport and may request any previous passports with U.S. visas in them; DS-160 barcode confirmation page for each family member; appointment confirmation notice; evidence of the applicants' eligibility for the visa category, such as a Form I-797 Approval Notice issued by the U.S. Citizenship and Immigration Services (USCIS), a certified Labor Condition Application (LCA) issued by the U.S. Department of Labor (DOL), Form I-20 or Form DS-2019; and may request an employment verification letter or paystubs to demonstrate continued employment, if applicable. Passports must be valid for at least six months and contain at least one blank page.
For dependents, the Consular Officer will request a marriage certificate and children's long-form birth certificates (i.e., listing both parents' names). The Officer has the discretion to request any original documents.
Some U.S. consular posts may request additional documents, such as federal tax returns, W-2 forms, or a resume. Foreign nationals with prior police encounters should also be prepared to address additional questioning and scrutiny and provide relevant documentation, even if such encounters or arrests did not raise a red flag for prior visa interviews. Finally, foreign nationals are strongly advised to check the website of the applicable U.S. consular post to confirm whether any additional documents are required.
Potential Security Delays at U.S. Consular Posts and Ports-Of-Entry
Applicants for visa stamps may be subjected to additional security screening during the visa application process. The Trump Administration has directed the DOS and DHS, among other U.S. agencies, to perform "enhanced vetting and screening" when adjudicating visa applications and other immigration benefits. As a result, more visa applicants may be subjected to increased security screening, known as "administrative processing," before their visa will be issued. It is not possible to know in advance if an applicant will be flagged for an additional security check.
Foreign nationals may also expect additional security screening and questioning at their U.S. port of entry. The CBP Officer may ask questions about the purpose of the visit to the U.S., employment, and travel history, among other things. They may also search a traveler's luggage and electronic devices.
Standard Procedures and Novel Considerations for Entry into the U.S.
It is standard practice for all individuals entering the U.S. from international travel to present certain documents to CBP. All travelers will be required to present their valid passport and foreign nationals should be prepared to present their valid U.S. visa stamp, if applicable, and relevant immigration documents such as a USCIS Approval Notice. Other relevant documents foreign nationals should carry depend on the purpose of the trip to the U.S. and may include an invitation letter for short-term business travel; endorsed Form I-129S for Blanket L visa holders; Form DS-2019 for J visa holders; or Form I-20 for F of M visa holders.
Under the current administration and on the basis of various news reports, travelers to the U.S. should be aware of some novel issues:
- H-1B visa holders: H-1B visa holders are reminded that to be exempt from the $100,000 H-1B Presidential Proclamation, they should be physically present in the U.S. at the time of application for any new H-1B extension, amendment, or change of employer. Any international travel plans around the time of your H-1B filing should be discussed with your immigration attorney.
- F-1 students: News reports abound of international students who have had their legal status in the U.S. revoked seemingly based on civil or criminal violations or certain social media content or activities in the U.S. Foreign nationals in F-1 status in the U.S. who have questions or doubts about international travel are strongly encouraged to reach out to immigration counsel before traveling internationally.
- Social media activities: CBP has the legal authority to conduct "border searches" of baggage, persons, vehicles, etc. entering the U.S., and this authority extends to searches of electronic devices crossing the border into the U.S. Electronic device searches may include CBP scrutinizing social media posts as well as texts/messages. This authority applies to all entrants to the U.S., including U.S. citizens and green card holders.
While U.S. citizens cannot be denied entry to the U.S., foreign nationals can be denied entry for not providing devices or passwords to devices. Individuals planning to enter the U.S. should keep this in mind and may wish to consult with their immigration counsel prior to leaving the U.S.
New Photo Requirements for Entry to the United States
Effective December 26, 2025, DHS may require all individuals, except U.S. citizens presenting a U.S. passport or other valid documentation that they are a U.S. national, to be photographed when entering or exiting the United States. Lawful permanent residents ("green card" holders) and children under age 14 are not exempt from the requirement. Additionally, foreign nationals may be required to provide additional biometrics (i.e., fingerprints), with exemptions for children under age 14, those older than age 79, and other limited exemptions such as for certain diplomatic visa holders.
This new requirement is part of the agency's mandate to develop and implement a new entry and exit data system for foreign nationals entering and departing the United States. While this rule is still under review and the exact details of the additional entry/exit procedures are not known, travelers should allow for additional time at the airport to accommodate any new entry and exit procedures that will be in place for the upcoming holiday travel season.
New Advance Parole Fee Requirement – Adjustment of Status Applicants Exempt
DHS also enacted a new immigration parole fee on October 16, 2025. Specifically, foreign nationals entering the U.S. pursuant to an Advance Parole document are required to pay a fee of $1,000 upon entry to the United States from travel abroad, with the fee to be assessed by U.S. Customs and Border Protection (CBP), unless an exception applies.
Applicants for Adjustment of Status, who are eligible to apply for an Advance Parole document along with the AOS application, are exempt from this parole fee. When returning to the United States after holiday travel, applicants for Adjustment of Status should present their passport, I-485 receipt notice, and original Advance Parole document at Customs. If they pay the $1,000 fee by mistake, they will not likely be refunded.
I-94 Admission Record: a Crucial Status Document for Foreign Nationals in the U.S.
Foreign nationals admitted to the U.S. obtain an electronic Arrival/Departure record called a Form I-94 record, which becomes available on the CBP website soon after the individual enters the U.S. Foreign nationals should carefully review their admission stamp and their I-94 record after each entry to ensure the I-94 record reflects their and their family's correct status and expiration date. An error on the I-94 record can have a serious negative impact on the foreign national's status in the U.S. Errors can be corrected by contacting CBP or working with immigration counsel, but only if they are spotted.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
