H-1B visa prudentially revoked? Here's what it means and what Indian immigrants impacted should do next

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A number of Indian immigrants in the United States reportedly received notifications that their H-1B and H-4 visas were prudentially revoked by the government in December, last year.

Notably, while H-1B visas are held by skilled foreign workers to move to the US for jobs, H-4 visas are issued to the dependents (usually spouse and children) of these H-1B visa holders.

Interestingly, big tech companies in the US, including Amazon, Google, Meta Platforms and Microsoft, had the most approved H-1B visa petitions for initial employment in FY25, according to an analysis of US Citizenship and Immigration Services (USCIS) data by the National Foundation for American Policy (NFAP).

NFAP, a non-partisan public policy research organisation based in Arlington, Virginia, analysed data from the USCIS H-1B Employer Data Hub.

H-1B visas prudentially revoked: What happened?

Firstpost reported that multiple Indian-origin H-1B and H-4 visa holders in the US were on 15 December notified that their visas were prudentially revoked, a day after the Trump administration announced that it would strict social media screening of all H-1B visa holders and their dependents.

Previously, this type of social media screening and vetting was applied only to students and exchange visitors.

What is prudential revocation of visa?

According to Petula McShiras, a Senior Associate Attorney at Kolko & Casey, “prudential visa revocation is a discretionary action by the US Department of State (US DoS) to revoke a visa based on certain conditions or suspicions, without necessarily determining the visa holder’s ineligibility”.

Notably, being informed of prudential visa revocation does not impact the legal stay of an H-1B or H-4 visa holder in the US, McShiras explained, but added that future re-entry or ability to obtain another visa may be jeopardised.

How does prudential revocation of visas work?

The revocation is effective only upon the visa holder’s departure from the US and does not impact their status immediately as long as the individual remains in the US, McShiras added. Thus, for those planning to leave the US, the revocation is effective upon exit; and for those already outside the US, it is immediate.

Reasons for prudentially revocation of H-1B visa

McShiras added that prudential revocation is applied “if an individual has been charged with certain offenses, such as DUI (driving-under-the-influence or drunk driving) or fraud-related cases”.
She added that it can also happen even if the case type mentioned above is still pending or later resolved.
“The revocation is based on derogatory information or other concerns that may not immediately render the individual inadmissible but warrant further scrutiny,” she stated.

What to do if you receive notice of prudential revocation?

Till 2022, the US was home to around 48 lakh Indian Americans, US Census Bureau data showed. Of these, around 66% of Indian Americans are immigrants, while 34 per cent are US born. Thus, visa reforms in the US will likely have significant impact on the Indian immigrant community.

According to McSheras, here's what to do if you have been notified of prudential revocation of visa:

If you are an H-1B visa holder facing criminal charges or have had a criminal charge in the past, it is crucial to consult with an immigration attorney before traveling.
It is also important to consult with an immigration attorney before extending your H-1B status as we are seeing an increased number of individuals receiving biometrics notices based on pending or completed criminal charges.

Donald Trump's immigrations reforms: Status so far

This came after US President Donald Trump in September last year issued a proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers” to begin reforms in the H-1B visa programme. The order introduced a one-time $1,00,000 fee on new H-1B visa applications.

Further, the US suspended Green Card, citizenship, and other immigration applications for individuals from 19 “countries of concern” and ordered the USCIS to place all asylum applications on hold, regardless of the applicant’s nationality, pending a comprehensive review.

In October, the US also rolled back a Biden-era policy, which allowed automatic extension of validity of employment authorisation documents (EADs) for foreign workers in certain categories.

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