A message has been floating around on various social media like WhatsApp and Facebook groups spreading unnecessary fear about H1B worker’s deportation.
Our Analysis: Its a Baseless Rumor.
The message goes like this:
USCIS at the airport has started calling the employers at the Port of entry. If the employer does not pick up the call or they don’t get the response, USCIS sending back the resource by canceling the H1B.
In this case the employee landed in Dallas international airport. The employee carried all the documents and his visa is stamped prior to 24th of June.
The USCIS officials did not allowed the employee to access phone or access to attorney.
The employee has to fly back and the visa has been canceled.
So please be cautious, if you are traveling to US, be sure that your employer and attorney is aware and be prepared to take up the calls from the USCIS.
Unfortunately the decision of the USCIS officials at the airport will not be questionable.
If possible better to stay back and work from home, I’d rather traveling to US and having visa getting canceled.
Why We think Its a Rumor?
#1 There is no USCIS at airport!
The message has probably been written by someone who does not know the US immigration law. They say ‘USCIS at the airport’ is sending the H1B workers back.
You meet only CBP officers at the port of entry airport and not USCIS. So, somebody who tried to spread fear does not know how things work in the USA.
#2 Calling Employer
Although its true that immigration officer at airport can call your US employer’s official contact to verify your H1B but it is uncommon and may happen only once in 1000 cases.
There is no such rule that if employer does not pick up the call, then your visa will be cancelled and you will be deported.
This sounds foolish.
#3 Attorney and Employer Should Be aware
It is true that you should inform your H1B employer about your travel plans but there is no such rule that you will not be given access to an attorney or a call.
The USA is a free country and all laws are followed.
You are not harassed or questioned in an extraordinary way until the visa officer has sufficient reason to do the extreme vetting.
#4 Messages are posted as Question
It is possible that the person who is posting this message in your group is genuinely asking for clarification. Here is one such message that we received in our group:
Since this message was not ‘forwarded’, I got suspicious and questioned about where was this received from?
As expected, it was a complete silence after this question. This shows that person either typed it himself or someone he knows did it.
Do not Forward Rumors
It is our humble request that you should not forward such messages without verifying.
They cause more stress than help the people who are travelling.
It is not true that the USA is deporting H1B workers. We have not heard of any such real case.
The message floating around on WhatsApp and Facebook groups is a rumor. Do not believe it?
There is no need to worry if you have a valid stamped H-1B visa as the travel ban allows existing stamped visa holders.
You will be allowed the entry as usual.
You should be able to call your attorney from the airport even if CBP officer does not let you enter the USA after the short interview.
You have legal options available with you. There is no need to worry.
CBP officer will not deny you entry based on some silly reason.
CBP officer has the authority to cancel your visa stamp at the airport.
But, they do not cancel the visa unless you have done something extremely wrong and are subject to ban.
If you are subject to entry ban, you will be given chance to prove your case.
I do not think that joining the travel ban lawsuit can be used as a reason to not allow entry to the USA.
You should not worry about it.