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Sunday, May 17, 2026

New State Department Rules Bar Visa Applicants Who Fear Returning Home: 5 Steps for Employers - Fisher Phillips LLP

New State Department Rules Bar Visa Applicants Who Fear Returning Home: 5 Steps for Employers

Nonimmigrant visa applicants who admit they’ve experienced harm in their home country or fear returning there will now be denied a visa, according to a new State Department directive that came down last week. This April 28 change is already in effect and could impact your foreign national employees on H-1B, L-1, or other nonimmigrant visas, or those you sponsor for US travel. What happened, what are the effects, and what five steps should you take as a result?

What Happened?

On April 28, the US Department of State issued a worldwide cable to all US embassies and consulates directing consular officers to ask two new questions of every nonimmigrant visa applicant as part of the standard interview process:

Under the new rules, applicants must verbally answer “no” to both questions for the visa interview to proceed and for the State Department to issue a visa. An affirmative response to either question, or a refusal to answer, will result in a visa denial.

Who Could Be Affected in Your Workforce?

This policy applies to all nonimmigrant visa categories, which could include a wide range of workers in your organization.

  • The most immediately obvious concern involves employees who are currently outside the United States and need to renew or obtain a visa to return to their US-based positions. If any of these individuals come from countries experiencing political instability, civil...


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