The tweet relates to one person's experience, and some rumors, as specified in the tweet: "...rumors around the #ExecutiveOrder banning #H1B holders from re-entry"
My reading of the series of tweets suggests they were denied based on existing COVID-19 travel restrictions. I'm unaware if holding an h-1b is a pass to allow you to bypass those restrictions.
Yes, CBP classifies “work” as one of the reasons for essential travel. Work visa holders should be permitted to enter the country if it’s not for tourism.
They were not denied by US immigration. United airlines flight staff told a H1B holder they weren't allowed on a flight to the USA.
This was based on speculation US immigration is not allowing H1B holders to enter. Airlines do not want fly passengers who risk being denied entry at their destination. Because if the passenger is denied entry and cannot afford their deportation flight fee, the airline must pay for it. So airlines err on the side of caution.
EDIT:
I checked the latest travel USA entry rules [1], and it looks like this person actually failed the COVID-19 travel restrictions. H1B visa holders are not allowed to enter the USA if they transit through Germany.
What this passenger should have done is fly somewhere outside Europe, then fly to the USA. Based on the rules, they should be allowed entry.
For posterity, the rules published 08.06.2020 are:
1. Passengers who have transited or have been in Austria, Belgium, Brazil, China (People's Rep.), Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Iran, Ireland (Rep.), Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland or in the United Kingdom (excluding overseas territories outside of Europe), in the past 14 days are not allowed to enter the USA.
-This does not apply to:
- nationals and permanent residents of the USA;
- spouses of nationals and of permanent residents of the USA;
- parents/legal guardians of an unmarried and younger than 21 years national or permanent resident of the USA;
- the unmarried and younger than 21 years brother or sister of a national or permanent resident of the USA, who is unmarried and younger than 21 years;
- the child/foster child/ward of a national or permanent resident of the USA;
- passengers with the following visas: A-1, A-2, C-1, C-1/D, C-2, C-3, D, E-1(as an employee of TECRO or TECO or the employee's immediate family members), G-1, G-2, G-3, G-4, IR-4, IH-4, NATO-1 through NATO-4, or NATO-6 visa;
- members of the U.S. Armed Forces, spouses, and children of members of the U.S. Armed Forces;
- passengers with evidence of traveling at the invitation of the USA government for a purpose related to the containment/mitigation of the Coronavirus (COVID-19);
- passengers with documents issued by the U.S. Department of Homeland Security, U.S. Customs and Border Protection, or U.S. Department of State indicating that the passenger is exempt from the restriction;
- B1 crew crewmembers that are engaged in lightering, Outer Continental Shelf (OCS) activity, wind farm activity, private air/sea crew and other similar crewmember actives.
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[ 2.6 ms ] story [ 16.5 ms ] threadThe tweet relates to one person's experience, and some rumors, as specified in the tweet: "...rumors around the #ExecutiveOrder banning #H1B holders from re-entry"
My reading of the series of tweets suggests they were denied based on existing COVID-19 travel restrictions. I'm unaware if holding an h-1b is a pass to allow you to bypass those restrictions.
This was based on speculation US immigration is not allowing H1B holders to enter. Airlines do not want fly passengers who risk being denied entry at their destination. Because if the passenger is denied entry and cannot afford their deportation flight fee, the airline must pay for it. So airlines err on the side of caution.
EDIT:
I checked the latest travel USA entry rules [1], and it looks like this person actually failed the COVID-19 travel restrictions. H1B visa holders are not allowed to enter the USA if they transit through Germany.
What this passenger should have done is fly somewhere outside Europe, then fly to the USA. Based on the rules, they should be allowed entry.
[1] https://www.iatatravelcentre.com/international-travel-docume...
For posterity, the rules published 08.06.2020 are:
1. Passengers who have transited or have been in Austria, Belgium, Brazil, China (People's Rep.), Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Iran, Ireland (Rep.), Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland or in the United Kingdom (excluding overseas territories outside of Europe), in the past 14 days are not allowed to enter the USA.
-This does not apply to:
- nationals and permanent residents of the USA;
- spouses of nationals and of permanent residents of the USA;
- parents/legal guardians of an unmarried and younger than 21 years national or permanent resident of the USA;
- the unmarried and younger than 21 years brother or sister of a national or permanent resident of the USA, who is unmarried and younger than 21 years;
- the child/foster child/ward of a national or permanent resident of the USA;
- passengers with the following visas: A-1, A-2, C-1, C-1/D, C-2, C-3, D, E-1(as an employee of TECRO or TECO or the employee's immediate family members), G-1, G-2, G-3, G-4, IR-4, IH-4, NATO-1 through NATO-4, or NATO-6 visa;
- members of the U.S. Armed Forces, spouses, and children of members of the U.S. Armed Forces;
- passengers with evidence of traveling at the invitation of the USA government for a purpose related to the containment/mitigation of the Coronavirus (COVID-19);
- passengers with documents issued by the U.S. Department of Homeland Security, U.S. Customs and Border Protection, or U.S. Department of State indicating that the passenger is exempt from the restriction;
- B1 crew crewmembers that are engaged in lightering, Outer Continental Shelf (OCS) activity, wind farm activity, private air/sea crew and other similar crewmember actives.