Reports of CBP Scrutinizing H-1B Employees Returning After Working Abroad

There have been reports regarding U.S. Customs and Border Protection (CBP) Preclearance in Abu Dhabi scrutinizing H-1B visa holders and even revoking their H-1B visas for working from abroad.

One individual who sought entry through the Abu Dhabi preclearance location informed officers that she had remained in India for approximately two months and worked part time as well as used PTO, had her H-1B visa revoked after the CBP officers determined that she had spent too long outside the U.S. working remotely and receiving pay from her H-1B employer. This individual was told to reapply for her H-1B visa.  

The terms of H-1B pertaining to the employee’s salary and worksite have always been construed as applying only to employment occurring within the U.S.  U.S. immigration laws have never regulated employment of foreign nationals that takes place outside of the U.S.  Consistent with this principle is the fact that an H-1B employee’s time spent outside of the U.S. does not count toward the 6-year limit in H-1B status.  So, although such reports of H-1B visa revocations due to working from abroad are rare and almost certainly a gross misapplication of the law, we feel that such incidents should still be reported.

While the Iran war is ongoing, the Abu Dhabi preclearance is temporarily not operational and those traveling through Abu Dhabi will be inspected by CBP in the U.S.  However, the Abu Dhabi preclearance will eventually reopen, so clients should be aware of this issue, even if it may just be an aberration due to lack of training.

If you have any questions, please contact your ILG attorney or reach our firm at .