Every year we remind clients to check passports, visa stamps, and documents before traveling over the holidays. That advice, covered in our 2025 holiday travel post, still applies. This year, though, several new rules and policies affect who can leave the United States and come back without trouble. Before you book a trip between Thanksgiving and New Year’s, review the changes below.
Visa Appointments Are Harder to Get
- Since September 2025, the State Department generally expects nonimmigrant visa applicants to apply in their country of nationality or residence, and it has narrowed the cases that qualify for an interview waiver. Booking an appointment in a third country to save time is far less likely to work.
- Immigrant visa interviews were paused worldwide in August 2026 for consular training on public charge rules. Many posts have still not resumed, and some are now asking detailed financial questions. If you are waiting for an immigrant visa interview, do not plan a trip around a date that has not been confirmed.
- If your visa stamp has expired, assume you will need a new one before you can return, and check current wait times at the post where you would apply before you leave.
More Screening at Consulates and at the Border
- The State Department now reviews social media for more visa categories, including TN, TD, and I applicants since October 1, 2026. Make sure your online profiles are consistent with the information in your applications.
- CBP officers may inspect phones and laptops at the border and have looked more closely at travelers who work remotely while abroad. If you plan to work during your trip, talk with counsel first.
- The DS-260 immigrant visa form now asks about 15 years of travel history, so travelers heading into consular processing should keep track of every trip.
Travel Restrictions by Nationality
- Entry restrictions on nationals of certain countries remain in place, and some have changed during the year through new proclamations and court rulings. If you are a national of an affected country, confirm your status under the current rules before you leave, even if you hold a valid visa.
- Holiday flights inside the United States are not risk-free either. TSA now shares some traveler information with ICE, so anyone with a pending case or a gap in status should get advice before flying domestically.
International Students
- F-1 students need a valid passport, visa stamp, and an I-20 with a travel signature from the school’s designated school official, generally signed within the past 12 months, or 6 months for students on OPT.
- Students on OPT should carry their EAD and a letter showing current employment or a job offer. Traveling while an OPT application is pending carries more risk, so check with your school and counsel first.
- The rule ending duration of status for students has been blocked by a federal court for now, so students keep their current admission while the case continues.
Work Permits and Pending Green Card Cases
- Automatic extensions of many work permits ended under a rule finalized in October 2026. If your EAD will expire during or soon after your trip, you may not be able to work when you return until a new card arrives.
- Do not leave the United States while an adjustment of status application is pending unless you hold valid advance parole or an H or L status that allows travel. Leaving without it can be treated as abandoning the application.
- If you have a pending extension or change of status, such as an I-539 or a change of employer, leaving the country may affect that request. Ask before you go.
- Advance parole carries more risk than it did a year ago. A 2026 Board of Immigration Appeals decision reversed earlier precedent, so travel on advance parole may now count as a departure for unlawful presence purposes. Anyone with a past period of unlawful presence should get advice before traveling.
H-1B Workers and Employers
The $100,000 H-1B payment requirement was extended for another year in September 2026, and court rulings on it continue. Its rules depend on when and how a petition was filed and where the worker is. If you are in H-1B status, or your employer has a petition pending, confirm with counsel how the requirement applies to you before you travel. Short trips to Canada or Mexico may still allow re-entry on an expired visa through automatic revalidation, but the exceptions are strict.
Before You Go
- Confirm your passport is valid for at least six months beyond your return, unless your country is exempt.
- Carry original approval notices, a recent employment letter and pay stubs, and your current I-94 record.
- Check your I-94 online after you return and correct any errors right away.
- Green card holders planning long trips should keep absences short or obtain a reentry permit before leaving.
Frequently Asked Questions
Can I schedule a visa interview in another country to get a faster appointment?
In most cases, no. The State Department generally requires applicants to apply in their country of nationality or residence.
My EAD expires in December. Should I travel?
Since automatic extensions ended for many categories, check whether your card will be valid on your return. If not, you may be unable to work until a new card arrives.
Is it safe to travel on advance parole?
It depends on your history. A 2026 decision changed how advance parole travel is treated for unlawful presence, so get advice before leaving.
Will CBP look at my phone?
CBP has authority to inspect electronic devices at the border. Travel with only what you need and be truthful in your answers.
Does the $100,000 H-1B fee affect my trip?
It depends on your petition and circumstances. Talk with counsel before you travel.
If you or your family members have questions about how this or other immigration and nationality matters may affect you, please do not hesitate to contact the immigration and nationality lawyers at Nachman, Phulwani, Zimovcak & Batra (NPZ & B) Law Group, P.C. You can reach us by emailing info@visaserve.com or by visiting our website at www.visaserve.com for more information.