FAQs

I am lawfully in the United States as lawful permanent resident (green card holder) and/or on an unexpired nonimmigrant visa. There are many stories reported in the news and social media about the government deny entry to lawful residents and nonimmigrant visa holders. If I travel outside the U.S., am I guaranteed that I will be allowed to return to resume my lawful status or should I not travel internationally?

The relevant statutes and regulations did not change since the new Administration took office in 2025. Nonetheless, since President Donald Trump commenced his second term in January 2025, there have been numerous reports of non-U.S. citizens—both lawful permanent residents and nonimmigrant visa holders—being denied entry into the United States. These denials have been attributed to several factors, including past criminal convictions, social media activity, and issues related to gender identification on passports. Below is a summary of the reported reasons for these denials:​

Past Criminal Convictions: The administration has intensified immigration enforcement, focusing on individuals with criminal records. Executive Order 14159, titled "Protecting The American People Against Invasion," prioritizes the removal of immigrants who have been convicted or even simply charged with crimes regardless of conviction. This has led to increased detentions and deportations of non-citizens with prior convictions, including those with minor offenses. For instance, legal residents have been detained at airports due to past minor offenses, highlighting the administration's stringent stance.​

Social Media Activity and Associations: Enhanced scrutiny of travelers' digital footprints has resulted in denials of entry based on perceived affiliations or support for certain groups. Customs and Border Protection (CBP) agents have reportedly searched electronic devices and social media accounts, leading to deportations. For example, a doctor on an H-1B visa was deported after CBP agents found photos of Hezbollah leaders on her phone, despite a court order halting her deportation. ​Further, the USCIS issued a press release announcing the agency considers "aliens’ antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefit requests. This will immediately affect aliens applying for lawful permanent resident status, foreign students and aliens affiliated with educational institutions linked to antisemitic activity." 

Gender Identification on Passports: An executive order issued on January 20, 2025, mandates that federal agencies recognize only two sexes, male and female, as determined at birth. Consequently, the U.S. State Department ceased issuing passports with an "X" gender marker and requires that passports reflect the holder's biological sex at birth. This policy has led to complications for transgender, nonbinary, and intersex individuals attempting to travel, with reports of passports being issued with incorrect gender markers or applications being denied. ​​

These developments prompted several countries (e.g., Canada, Denmark, Finland, France, Germany, Ireland, Netherlands, Norway, United Kingdom). For instance, Denmark, Finland, Ireland, Netherlands and Norway all advise transgender individuals to contact the U.S. Embassy before traveling due to concerns over passport gender markers. ​

Overall, the increased enforcement measures and policy changes have raised concerns among immigrant communities and advocacy groups regarding the criteria and processes leading to denials of entry into the United States Each person has to do their own cost/benefit analysis to decide for themselves whether to travel internationally.

It is important to know that U.S. Customs and Border Protection (CBP) has the authority to search electronic devices—including laptops, phones, and tablets—at U.S. ports of entry (airports, border crossings, etc.) without a warrant, and this authority applies to both non-U.S. citizens and U.S. citizens, although the legal standards and consequences differ.

Right/Action	non-U.S. Citizens	U.S. Citizens
Device Search	Y	Y
Can Entry Be Denied?	Y	N
Can Devices Be Seized?	Y	Y
Social Media Demands	Can Request	Can Request
Refusal Consequences	Entry Denial and Visa Revocation	Detention, Device Seizure and Extended Wait

What is the difference between a nonimmigrant visa and an immigrant visa?

Nonimmigrant Visa: Intended for temporary stays in the United States, such as tourism, business, work, or study.

Immigrant Visa: For individuals seeking to live permanently in the United States. Immigrant visas are often based on family relationships, employment, or refugee/asylee status.

What are some common nonimmigrant visas for entrepreneurs, business owners, professionals, and skilled workers?

H-1B Visa: For specialty occupation workers in fields like IT, engineering, finance, etc.

H-1B1/TN/E-3: For professionals from certain treaty countries who are coming to work in specialty occupations like H-1B or designated TN professions.

O-1: For individuals of extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

L-1 Visa: For intracompany transferees, allowing multinational companies to transfer employees to the US.

E-2 Visa: For investors from certain treaty countries who are investing a substantial amount of capital in a US business.

What are the main eligibility requirements for these nonimmigrant visas?

Generally, applicants must demonstrate that they have a legitimate business purpose for their visit, possess the necessary qualifications or skills, and intend to depart the US after the authorized period, with some exceptions.  Specific requirements vary by visa type.

What immigrant visa options are available for entrepreneurs and business owners?

EB13 Multinational Manager/Executive Visa: Allows individuals to obtain permanent residency (green card) based on employment as a manager/executive at a related company outside the US.  Compare to L-1 nonimmigrant visa.

EB11 Individual of Extraordinary Ability Visa:  Allows individuals to obtain green card based on employment (including self-sponsorship) with the intent to work in their area of extraordinary ability.  Compare to O-1 nonimmigrant visa.

EB2 NIW Professionals and Exceptional Ability Individuals with National Interest Waiver:  Allows individuals to obtain green card based on employment (including self-sponsorship) with intent to work in their area of exceptional ability or profession when in the US national interest.

EB-5 Immigrant Investor Visa: Allows individuals to obtain green card by investing a significant amount of money in a new commercial enterprise that creates jobs in the US.

What is the process for obtaining an immigrant visa through employment?

Typically involves sponsorship by a US employer, with the employer filing a petition on behalf of the employee. The specific process varies depending on the specific employment-based category.

Can entrepreneurs or business owners sponsor themselves for an immigrant visa?

Yes, under certain circumstances. 

An EB13 immigrant visa could be for multinational managers or executives who is a founder or shareholder in the sponsoring US company or the related company outside the US.

An EB11 or EB2 NIW immigrant visa could be for an individual of extraordinary or exceptional ability who self-sponsors.

An EB5 immigrant visa could be for an entrepreneur or business owner who makes a qualifying investment.

Are there any visa options specifically for professionals and skilled workers?

Yes, the H-1B, H-1B1, E-3 and TN nonimmigrant visas are a common option for professionals with specialized knowledge or skills in fields such as IT, engineering, healthcare, etc.

The H-2A and H-2B nonimmigrant visas are solutions for skilled workers and other workers in short supply 

The J-1 nonimmigrant visa works well for a wide range of jobs.

The O-1 nonimmigrant visa is a good option for individuals with extraordinary ability.

What are some common challenges or limitations faced by entrepreneurs and business owners in obtaining US visas?

Meeting the strict requirements for investment amounts, job creation, and business viability for visas like the EB-5 or E-2 can be challenging. Additionally, visa quotas and processing times can present obstacles.

Are there any visa options for entrepreneurs who do not have substantial capital to invest?

Unfortunately, options may be limited, but exploring alternatives such as obtaining a nonimmigrant visa for business purposes or seeking partnerships with US investors or companies could be viable strategies.  There is an International Entrepreneur that conveys a permission to work in the US, but is created by Executive Order and is neither a nonimmigrant or immigrant visa.