Can you be sent back home at POE when entering US on H1B ?

In H1B Visa Basics by SravaniLeave a Comment

It is often a question that many may have, can you be sent back home from Port of Entry(POE) in US, if the CBP officer wants to ?  What are typical reasons that you can be sent back at Port of Entry are some of the questions that may be in your mind.

Can you be sent home from POE by CBP officer, when entering on H1B visa ?

Yes, you can be. Visa is only a document that gives you option to enter US until Port of Entry. It is up to the Customs and Border Protection ( CBP ) officer to allow you to enter or deny your entry to US. You will need to prove to the CBP officer at POE that your intent is genuine and you are doing any fraud.  Any visa holder, not just H1B visa holder, can be sent back at Port of entry.  Many such instances happened with F1 students that was covered in news a lot, when they tried to go to degree mills that commit fraud. Similar situations happened with H1Bs as well, but it was not done in large scale to attract recent media attention. It happened in year 2010 and 2011 when many h1Bs were sent back due to fraud.

What does CBP officer Look for at POE to check H1B visa holder ?

Usually, the H1B holder will be questioned, if there is something wrong with the employer or the system raises a flag based on the records of the candidate. If you are part of a IT bodyshop company that often is under scrutiny due to the fraud involved…In any case, if the CBP officer thinks that you are not genuine candidate and you fail to answer questions properly, you will be taken for secondary inspection and then you will have to prove you are genuine candidate.

There have been  many instances, where candidates are screened heavily in Secondary inspection, where the CBP officers look at the phones, emails, etc. and ask questions that can be tricky and you will be caught, if you did fraud.  If they believe that fraud was committed, you will either be deported / sent back or you will be asked to sign a paper that you voluntarily want to go back without being deported..etc.   It can be tricky, be careful and do not commit fraud !

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