E-3 Visa & H-1B Visa Rumors Say People Are Being Sent Home at the US Border - We Reveal the Truth!

With H-1B season upon us after April 1, 2009 for visa petition filing and the US economic woes causing both legal and illegal immigration to be a political and media issue there are many rumors flying around.

One of the more recent rumors for H-1B visa but also E-3 visa, L-1 visa and J-1 visa holders has been that they have been turned back at their Port of Entry (POE) in the United States despite having all the necessary paperwork and legitimate documents.

The rumor follows that the Immigration officer at the POE asks the employer about their US work visa and then goes on to call the employer. They are supposedly asking the employer as to whether the job filled by the foreign worker could be filled by a US citizen or green card holder (permanent resident). Upon being told by the employer that this is possible, the foreigner is told they are not allowed to enter the US.

Many foreigners have become scared at this rumor and particularly Indian workers who may have gone home for a brief vacation and come back finding they are the prime targets of vicious lies and hate spread by the media and politicians.

The truth is the only instance where someone would be turned away at the Port of Entry is if their documents had some irregularity or were found to illegitimate in some way.

Imagine if you arrived at JFK Airport in New York at 10pm at night, and the customs official checking your documents at the airport contacts your manager at home to ask whether they could hire a US worker instead. It is ludicrous and it is not the job of the Immigration officer to make policy decisions but to follow the regulations.

In any case if there was a problem with your documents you are not immediately put back on a plane, you are held in a room at the airport for 24-48 hours while officials check your documents and background. They will also contact the embassy/consulate where you received your visa.

I hope this helps rest the fears of many foreigners fearful by a new wave of attacks on there very small list of rights.

CJ gives advice about the US Immigration system to people who want H-1B and E-3 Visas so they can live and work in the USA.