Processing Delays, Dropbox Restrictions and the Questions Businesses Should Consider When Employees Are Unable to Timely Travel to the United States
An executive order by President Trump is set to reshape immigration procedures, increasing security screening, and tightening visa processing. Employers of foreign nationals should prepare for delays in employee travel to the United States and in some in-country processing.
What’s Changing?
The executive order, EO 14161, is titled "Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats." It mandates stricter vetting for foreign nationals seeking visas or other immigration benefits. The policy revives a uniform enhanced vetting baseline similar to past Trump-era policies, as well as prioritizing security reviews for applicants from high-risk regions. (See the full text of Executive Order 14161.)
Section 1(b) of the EO describes the antiterrorism and national security intent of the order in language that could be interpreted broadly:
"The United States must ensure that admitted aliens and aliens otherwise already present in the United States do not bear hostile attitudes toward its citizens, culture, government, institutions, or founding principles, and do not advocate for, aid, or support designated foreign terrorists and other threats to our national security."
The EO calls for agencies to re-establish a uniform vetting baseline consistent with the one used by the previous Trump administration for those seeking a visa or immigration benefit of any kind—whether abroad or from within the United States—to the maximum extent possible. Special attention will be given to those coming from regions of the world or nations with identified security risks.
Key Impacts:
- Increased scrutiny of immigration applicants, including those already in the United States
- Reports identifying countries with insufficient vetting data, potentially leading to visa suspensions or travel bans.
- A review of all foreign nationals from high-risk countries admitted under the Biden administration, assessing their post-entry activities.
These measures, combined with government staffing shortages, are expected to increase processing times and delay employee travel.
Stricter Visa Processing & Reduced Dropbox Eligibility
Consular visa processing at U.S. embassies and consulates will also see delays due to:
Consular visa processing at U.S. embassies and consulates will see delays due to:
- A return to stricter Visa Interview Waiver (Dropbox) criteria.
- Only the following visa applicants will be eligible for an interview waiver at a consular officer’s discretion.
- Applicants for A-1, A-2, C-3 (except attendants, servants, or personal employees of accredited officials), G-1, G-2, G-3, G-4, NATO-1 through NATO-6, or TECRO E-1 visas;
- Applicants for diplomatic- or official-type visas; and
- Applicants who previously held a visa in the same category that expired less than 12 months prior to the new application.
- To be eligible, an applicant must:
- apply in their country of nationality or residence;
- have never been refused a visa (unless such refusal was overcome or waived); and
- have no apparent or potential ineligibility.
Consular officers may still require in-person interviews on a case-by-case basis or because of local conditions.
- Increased demand for in-person visa interviews due to the narrower Dropbox eligibility.
- Reduced staffing at U.S. consulates, exacerbating wait times.
What Employers Should Do Now
Visa processing can no longer be thought of as routine. As immigration processing becoming less predictable, careful planning is essential.
To minimize disruption, employers should:
- Plan ahead for visa processing delays and factor them into hiring and travel schedules.
- Advise employees to limit international travel unless necessary.
- Monitor consular appointment availability and allow extra time for visa and petition approvals.
Key Considerations for Employees Working Abroad
When employees—new hires or existing team members—find themselves working from abroad, either unexpectedly or by design, employers need a clear plan.
In preparing, think about these questions:
- Should you have a contingency contract for new hires relocating to the United States from abroad?
- Can the employee’s start date be adjusted if needed?
- What happens if a new hire or existing employee is stranded abroad for an extended period?
- Does the employee have legal authorization to work remotely from their current location?
- What local employment and other laws apply to remote work in that jurisdiction?
- Does your company have a corporate presence in that country?
- Should the employee be moved to an international payroll system?
- Is unpaid leave a viable option for prolonged absences?
- What U.S. legal and tax obligations must be considered?
- Can a legitimate alternative work arrangement be established (e.g., professional employer organization (PEO), secondment, or direct contract)?
- Are there data security or intellectual property risks involved?
Thinking ahead is key. Whether planned or unexpected, international work scenarios require a proactive approach to legal, tax, and operational challenges.
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