H-1B and H-4 visa holders in the US have reportedly received emails from the consulate informing them that temporary work visas have been “cautionally cancelled” due to the postponement of H-1B visa interviews.
The US Embassy in India announced on December 9 that many H-1B visa appointments have been postponed until next year. This comes as US authorities prepare to start screening applicants on social media from December 15.
“We are seeing more cautious visa revocations for H-1Band H-4 holders who have had prior interactions with law enforcement, even without convictions. Many of these incidents have already been uncovered and confirmed in earlier visa stamps,” Immigration Representative Emily Neumann said in a post on X, sharing an earlier statement from the US State Department.
The statement said: “Visa screening does not stop once a visa is granted. We monitor visa holders on an ongoing basis to ensure they are complying with all US laws and immigration rules – and if they do not, we will revoke their visas and deport them.”
What is a precautionary visa cancellation?
Precautionary visa cancellation is a temporary, precautionary measure based on caution and does not constitute a permanent visa refusal. It is done as a precautionary measure, usually in cases where the government suspects a problem with the visa holder’s eligibility.
Will the precautionary visa waiver affect my stay in the US?
A prudential revocation does not affect an individual’s legal stay in the U.S., but it does mean that the case will be reviewed again during the applicant’s next visa.
“Revocation does not affect legal stay in the United States, but it does mean that the issue will be re-examined at the next visa appointment. It is hard to see how this is an efficient use of government resources when the incident has already been reviewed,” Neumann said.
When is the visa usually cancelled?
According to a report by Reddy Neumann Brown PC, a US immigration law firm, the State Department has broad powers to revoke visas under US law. Typically, a visa can be revoked if the holder becomes ineligible, for example by violating their status, committing fraud or falling into a ground of inadmissibility. Departmental rules set out in the Foreign Affairs Manual (FAM) specify common grounds for visa cancellation, including loss of eligibility or recognized incapacity under law.
When to expect a precautionary visa cancellation?
The FAM also explains prudential cancellation, which allows the Department to cancel a visa if incapacity or lack of authorization is suspected, sometimes even before proof is confirmed or in other justified cases. This process, known as prudential cancellation, allows the department to cancel your visa as a safety precaution if it receives information that you may not be eligible, even before a final decision is made.
What is the reason for precautionary visa cancellation?
By prudently canceling the visa, the government will prevent individuals from re-entering the US until the underlying problem is resolved, according to Reddy Neumann’s report. It calls for a reassessment of their visa eligibility when they apply or travel again. Importantly, a prudential appeal must not be related to deportation; rather, it is a temporary pause for review, the report added.
