Summer 2026 Travel Considerations for Foreign National Employees

As the summer travel season has begun, employers sponsoring foreign national employees should be aware of significant changes and risks in the U.S. immigration landscape. Stricter policies, expanded travel bans, and increased scrutiny at consulates and ports of entry have made international travel more complex and unpredictable. Below are key points for employers to consider and communicate to their sponsored employees.

Assessing and Communicating Travel Risks

Stricter Immigration Climate: The U.S. government has implemented different travel bans, including country‑based bans affecting nearly 40 countries, and policy changes can occur with little notice. Employees from affected countries or with complex immigration histories face heightened risks.
Prior Law Enforcement or Immigration Issues: Employees with prior law enforcement encounters or immigration violations may face additional scrutiny or denial of entry. Educate employees and encourage them to consult their personal immigration attorneys before traveling where appropriate.
Unpredictable Restrictions: Sudden travel bans or health-related restrictions may be implemented without warning. The most recent example is the Ebola‑related ban that has now been expanded to certain green card holders who are typically exempt from these types of restrictions.

Ensuring Employees Have Required Time and Travel Documents

Visa Stamps and Appointments: Employers may want to confirm sponsored employees have valid visa stamps before departing the U.S. If a visa appointment is required abroad, they may want to encourage employees to schedule early and allow for extra time due to longer processing and enhanced vetting.
Processing Delays: H-1B and H-4 visa applicants are subject to enhanced social media screening. Other visa types are subject to increased scrutiny and delays, particularly when applicants have past criminal history of any type. Additional screening may result in longer visa processing times after the interview. Appointment availability can be limited at certain posts, and delays are common.

Proactive Communication and Planning

Advance Notice: Encourage employees to notify HR or your immigration team before planning international travel. Early communication allows for risk assessment and contingency planning.
Contingency Planning: Develop backup plans for employees who may be delayed abroad due to visa processing or sudden travel restrictions.

Possibility of Lengthy Screening and New Entry Procedures

Enhanced Airport Screening: International travelers may experience more thorough screening at U.S. ports of entry, including expanded biometric requirements and longer wait times.
Secondary Inspection: Additional questioning and delays during re-entry are increasingly common. Foreign national travelers with prior law enforcement encounters or immigration violations, no matter how minor or how long ago, may be at risk.

Prior Experiences May Not Apply

Changing Landscape: Strategies that worked in previous years may no longer be effective. International travelers may want to build flexibility into their travel plans and check for updates regularly.
Legal Guidance: Employers may wish to consider encouraging employees to seek advice from their personal immigration attorneys for individualized risk assessments.

Vorys attorneys will continue to track immigration policies that may impact international travel, and we will continue to provide updates as new information becomes available.