© Farhad Sethna, attorney, 2025
A common question I hear from many of my F-1 (student visa) and H1-B (work visa) clients is: “Can I go home for a vacation?”
The answer after today’s dual U.S. Supreme Court rulings upholding the Trump administration’s overreach of the law is clearly: “No!”
Students have been here on F1 visas for a number of years, and are now on OPT, ask me if they can go home while they are still on OPT, and return because their OPT remains valid.
I’m telling those students: “No!”
Individuals who have H-1B’s approved, but do not have a H-1B visa stamp in their passport, or individuals who are waiting for their H1B to be approved. Ask me- “can I go home?” Again, the answer is: “No!”
My answers have gained additional validity in just the last couple of hours:
The Supreme Court, on April 7, 2025, upheld the Trump administrations’ summary deportation, without due process, of over 200 Venezuelans to a maximum-security prison in El Salvador. This “prison for hire” scheme was upheld by the Supreme Court of the United States. No matter that it was predicated on a false claim of “invasion” by the Trump administration to invoke the 1798 “Alien Enemies Act”. No matter that a federal judge had already instructed the federal government to bring those prisoners back. No matter that immigration officials admitted that they had no evidence of wrongdoing to justify many of those who were deported!
Wrongfully deported individuals included one, Abrego Garcia, who had previously been granted withholding of removal.
Even after the Government conceded that Mr. Garcia was wrongly deported due to a “administrative error”, a separate Supreme Court (single justice) order by Chief Judge John Roberts ruled that he should remain in El Salvador, pending the full Supreme Court’s review of his case.
If all of this isn’t chilling enough, it should be.
Students on F1 visas have absolutely no rights in this country. That part was made clear by making an example of revoking the student visas of student visa holders because of their alleged support of Palestinian rights, and detaining several of those students.
To risk going overseas while on OPT or on H-1B at this time is sheer foolishness. I would certainly not recommend that for anyone, because there is no guarantee that CBP will not stop you at the port of reentry when you try to come back. Those without a visa, who have to go to a US consulate to have a new visa stamp in their passport run the risk of being denied by the US Department of state based on a whim of the US Secretary of State, Marco Rubio.
So, my advice for students and H-1B’s who want to travel outside the USA at this time quite simply is:
“NO!”
© Farhad Sethna, Attorney, 2025
Farhad Sethna has practiced law for over 30 years. He was awarded his JD in 1990 and his MBA in 1991, both from the University of Akron. Since 1996, he has also been an adjunct professor of Immigration Law at the University of Akron, School of Law, in Akron, Ohio, where he wrote and continues to use his own immigration textbook. Attorney Sethna is a frequent speaker at Continuing Legal Education and professional development seminars on various immigration-related topics. His practice is limited to immigration and small business. He has won awards for excellence in teaching and for pro-bono service. With offices in Cuyahoga Falls, Akron and New Philadelphia, Ohio, Attorney Sethna represents clients in all types of immigration cases before federal agencies and the immigration courts nationwide. A private pilot, it is Farhad’s goal to fly to each of Ohio’s 88 county airports. Our number is: (330) 384-8000. We can set a consultation to answer your immigration questions. Contact us at farhad@sethnalaw.com.