DUI Arrests and Prudential Visa Revocation

Foreign nationals in the United States on temporary work visas (such as H-1B, O-1, L-1, etc.) may have their visas revoked on the basis of an arrest for driving under the influence (DUI) or driving while intoxicated (DWI), if the arrest occurred within the last five years.

It has been a longstanding practice (per regulations) of the Department of State (DOS) to revoke a visa that has already been issued if the DOS discovers information to indicate an individual is no longer eligible for a visa. Recently, immigration attorneys have been reporting a significant increase in visa revocations for individuals already in the U.S., and in most cases the reason for the revocation is a DUI or DWI arrest.

The DOS often informs the foreign national if they revoke a visa, but sometimes it does not. So, if you have had a DUI or DWI arrest in the last 5 years, it is possible that your visa has been revoked. A revocation of a visa does not necessarily mean that an individual must leave the United States, or that the individual is not eligible for another visa. The revocation does mean that the individual cannot re-enter the U.S. on that visa, and they must apply for a new visa.

Employers should consider discussing with employees the serious nature of drunk driving, and the implications that doing so may have on their eligibility to live and work in the United States, even if they are not convicted. Or, before a foreign national employee travels internationally, employers may want to take the opportunity to discuss with him/her the implications of any DUI/DWI arrests.