T&S has received reports from multiple reliable sources that the U.S. Department of State (DOS) has “prudentially” revoked some nonimmigrant visa stamps (including B-1/B-2, H-1B, TN, L-1, and O-1 visas) held by individuals who have had an interaction with a law enforcement agency (LEA) in the United States. Such LEA interactions may include detentions, citations, warrants, arrests (even if no formal charges were brought or were subsequently dismissed), and convictions (even if subsequently expunged).
Traditionally, prudential revocations occurred when a nonimmigrant was charged with a DUI or a similar offense. The DOS’s Foreign Affairs Manual (FAM) notes that visas should only be revoked from individuals already in the U.S. if the revocation is based on a Driving Under the Influence (DUI) offense within the past five years. Further, only a DUI offense allows a consular officer to revoke a visa based on suspected ineligibility or derogatory information. All other grounds for revocation require an actual finding of inadmissibility.
However, recent reports indicate that the DOS is revoking some visas based on LEA interactions involving any type of offense, however minor, and without regard to how long ago the interaction occurred. Further, it appears that even a visa stamp issued after the LEA interaction and after rehabilitation (i.e., a panel physician’s assessment) is not necessarily shielded from revocation, which is also contrary to FAM guidance.
Nonimmigrants are being notified of the visa stamp revocation through an email message sent to the most recent email address on file with DOS. Nonimmigrants can also log into their CEAC accounts to view the status of any visa stamps issued to them.
A nonimmigrant visa stamp revocation does not, by itself, have any effect on an individual’s nonimmigrant status or employment authorization in the United States. A person whose visa stamp has been revoked may remain in and continue authorized employment in the U.S. However, a departure from the United States will require this person to apply for and receive a new visa to return the United States, and the LEA interaction that caused the visa revocation could be used by the consulate to deny or delay the visa application. It should be noted that U.S. consulates have almost complete discretion in deciding whether to issue a visa.
Nonimmigrants who have had any type of LEA interaction in the U.S. at any time in the past could be at risk of visa revocation, based on these reports. Because of this uncertainty, international travel may carry additional risk for such nonimmigrants, even for individuals who have not received any notice of visa revocation, because the revocation could occur while they are outside the U.S. and delay their ability to return.
