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International Travel Requirements and Advisories


It is important that any foreign national wishing to travel internationally plan ahead to ensure they have the required documents for re-admission to the United States. 

Please review the requirements below, which are separated based on the U.S. immigration status of the traveler.   Advisory:  This is general information.  Anyone with specific questions or concerns should contact their attorney, in advance of departure from the U.S., and in advance of purchasing non-refundable tickets.

I.    INDIVIDUALS AT THE LAST STAGE OF THE GREEN CARD PROCESS, WHO HAVE FILED AN I-485 APPLICATION FOR ADJUSTMENT OF STATUS

For individuals in H or L status, there are travel restrictions only for those who have filed an I-485.  Individuals in H or L status who are in the earlier stages of the green card process (labor certification or immigrant visa petition), or those who elected to proceed with consular processing of the immigrant visa, have no special travel restriction.  These individuals travel in the usual manner with their nonimmigrant documents.

Individuals in other nonimmigrant statuses (for example, B, F, J, TN) may be travel restricted earlier in the green card process.   If they have not already done so, these individuals should discuss international travel with an attorney.

Adjustment of status (I-485) applicants who are maintaining H or L status
 
Generally, an applicant for adjustment of status must have a valid passport and advance parole document prior to departure from the U.S.  Failure to travel with an advance parole will result in the automatic abandonment of the adjustment application.
 
However, there is an exception to the advance parole requirement for those maintaining H or L status (H-1B, H-4, L-1A, L-1B, L-2).  Individuals who:

1.    Are maintaining H or L status;
2.    Will resume employment with the same H or L employer;
3.    Are in possession of a valid H or L approval notice; and
4.    Are in possession of a valid nonimmigrant visa (if required).
 
Do not need an advance parole document in order to travel.

In short, the above individuals have two options for travel documentation:

Option 1:  Travel with a valid passport and valid advance parole document; or

Option 2:  Travel with a valid passport, valid nonimmigrant visa, valid original nonimmigrant petition approval notice (Form I-797). *The requirement of also carrying the original I-485 receipt notice ceased effective 11/1/07.     

Advisory:  If an individual in H or L status uses an Employment Authorization Document (EAD) to work, they will violate their H or L status, and will be required to have an advance parole document in order to travel.   Mere possession of the EAD does not trigger this requirement; only use of the EAD to work will impact the individual’s H or L status.

Advisory:  Please note that an adjustment applicant must still be physically present in the United States at the time USCIS receives their I-485 application.  Therefore, although the individual need not wait for the official receipt notice prior to departing the U.S., they must still wait until USCIS actually receives the I-485 application.  LMAC e-mails the applicant when the I-485 is filed with USCIS.  The application is filed via FedEx, so the receipt date at USCIS will be the business day following our e-mail.

Impact on work authorization if an adjustment applicant in valid H or L nonimmigrant status uses an advance parole to re-enter the U.S:

If an adjustment applicant in H or L status chooses to travel using Option 1 (uses an Advance Parole to re-enter the U.S.), the individual may continue employment pursuant to his/her H or L status as long as the individual has continuously maintained nonimmigrant status.  Therefore, if an individual currently in valid H-1B, H-4, L-1 or L-2 status travels internationally, the individual can re-enter the U.S. with an advance parole and remain in valid H or L nonimmigrant status. The individual is not required to have an H or L visa when re-entering the U.S. if he/she has an advance parole.  

Adjustment of status (I-485) applicants in nonimmigrant statuses other than H or L (for example, TN, E, O)

These individuals MUST have a valid advance parole document prior to departure.  International travel without this document will result in the automatic abandonment of the pending adjustment of status application.

In addition, EXCEPT for those in H or L status, if the individual is re-admitted using an advance parole, they must use an EAD to work; they may no longer work pursuant to the nonimmigrant status they held prior to departure.

II.    NONIMMIGRANTS (WITH NO I-485 FILED)

Canadian nonimmigrants

Canadian citizens in most nonimmigrant statuses (for example B, H, L, O, TN) do not need a valid visa stamp in order to travel internationally.  These individuals can travel with:

1.    Valid Canadian passport; and
2.    Original I-797 approval notice evidencing nonimmigrant status, if applicable.  (Individuals in B, TN, blanket L, and H-4 or L-2 status may not have an approval notice).

Note that the visa stamp exemption only applies to Canadian citizens.  Canadian landed immigrants (Canada’s equivalent to the green card) must obtain visa stamps.

Nonimmigrants of other nationalities

All nationalities (other than Canadians) require the following documents:

1.    Valid passport;
2.    Valid original I-797 approval notice evidencing nonimmigrant status, if applicable.  (Individuals in B, TN, blanket L, and H-4 or L-2 status may not have an approval notice); and
3.    Valid visa stamp in the same category as their current status.

Exception:  There is an exception to the visa stamp requirement for some trips to Canada or Mexico of less than 30 days.  If you would like to travel under this provision, please contact an attorney prior to departure from the U.S. to ensure you are eligible to re-enter the U.S. without a valid visa stamp.

How to obtain a visa stamp

There is no way to obtain a visa stamp from within the U.S.  The option of visa revalidation within the U.S. was discontinued several years ago.  Visa stamps must now be obtained at one of the U.S. Embassies or Consulates abroad.

Generally, the following documents are required in order to obtain a new visa stamp from a U.S. Consulate abroad:

1.    Valid passport (with at least 6 months of validity left);
2.    Original H-1B/ L-1 approval notice;
3.    Certified copy of the H-1B/ L-1 petition;
4.    Form DS-156 Nonimmigrant Visa Application Form, with photo;
5.    Form DS-157 Supplemental Form (for men between the ages of 16 and 45; some posts require it from all applicants);
6.    US $131* machine readable visa fee; and
       * fee change from $100 became effective 1/1/08
7.    For some nationalities, an additional reciprocity fee.
8.    For some visa applicants (i.e. H-1B, TN (Mexican), and blanket L-1B), an original university degree and/or transcripts are usually required as well.

The spouse and/or children of the principal applicant may obtain a dependent visa upon presentation of the above documents and proof of relationship to the principal applicant (original marriage or birth certificate).

The individual should have the original H-1B, L-1, O-1 or TN (Mexican) approval notice, as well as the certified copy of the petition, which we forward to the individual or employer at the time of approval.  The DS-156 and DS-157 forms are available on the Consulates’ websites.
 
Although not always required, we also recommend that the applicant bring his/her original university degree, as well as a couple recent pay stubs or a letter from Human Resources, confirming the individual remains employed with the petitioning company.
 
The above are the documents generally required.  However, it is important to check the website of the Consulate at which the individual will be applying, as some Consulates require additional information.  See http://usembassy.state.gov for processes and procedures at all U.S. Consulates worldwide.
  
Advisories:

  • Many Consulates are now scheduling appointments several weeks out and the delays increase as the holidays approach.  Thus, it is important to schedule appointments well in advance of any travel.  See the Department of State website for current wait times at each consular post.
  • Due to increased security checks, the time between visa application and visa issuance has increased, in some cases significantly.  It is important to schedule enough time abroad to allow for the visa issuance.  See http://travel.state.gov/visa/temp/wait/tempvisitors_wait.php  for current processing times from interview to visa issuance.
  • If the individual applies for a visa and visa issuance is delayed for any reason (most commonly due to security checks), unless the applicant’s old visa is still valid, they may not return to the U.S. (for example, in visitor status) until the new visa is issued. 
  • Most individuals can apply for a nonimmigrant visa at any U.S. Embassy or Consulate in the world, although the Consulate retains discretion to restrict applications from out-of-jurisdiction applicants.  It is generally best for the individual to apply in their home country, where the consular officer can more easily verify information if necessary.
  • PIMS:  Delays Expected in H, L, O, P, and Q Visa Issuance at U.S. Consular Posts - Non-immigrant visa (NIV) eligibility in the H, L, O, P, and Q categories is based on an approved Form I-129, Petition for Alien Worker and a Form I-797, Notice of Action/ Approval issued by United States Citizenship and Immigration Services (USCIS).  In order to issue a visa stamp in the corresponding category, U.S. consular posts must verify the approval of the petition.  A new system of verifying approved nonimmigrant visa petitions in the H, L, O, P, and Q categories has been implemented as the primary source of approval verification by consular posts when issuing visa stamps.   Having a copy of Forms I-129 and I-797 Approval Notice will be sufficient for making a visa appointment.  However, the consulate will not be able to issue a visa stamp until verification is available through the new system.

    • Consular posts are now able to access the details of approved nonimmigrant visa petitions in a new report called "PIMS" (Petition Information Management Service).  Under the new system, the Service Centers mail and fax information to the Kentucky Consular Center (KCC), which then data enters and scans the material into PIMS, creating an electronic record with information on a petitioner, petition, and/or beneficiary.  The PIMS Petition Report contains information on all petitioners recorded by the KCC as having approved petitions since 2004.  In addition, many of the records contain information from KCC’s Fraud Prevention Unit.  Each new, approved petition is linked to a base petitioner record, allowing centralized tracking of NIV petitioner and petition information.

    • If the post can locate information on a particular NIV petition on PIMS, then the visa could be issued within 24 hours (1 working day).  However, if the post cannot immediately locate the information, it will send a request to KCC to research the approval of the petition.  KCC will attempt to complete processing of inquiries from posts within 1 working day.  However, many cases will require more time.  Thus, applicants must plan accordingly and be prepared for a possible delay of several days in obtaining a visa stamp.  Third country nationals requiring a visa to enter the country in which the consular post is located should obtain a visa allowing them to remain in that country for several days in the event of delays in visa issuance. Emergency situations will be handled on a case-by-case basis.

Advisories regarding applying in Canada or Mexico:

  • Citizens of Iran, Sudan, Syria, North Korea and Cuba are not eligible to apply for a visa in Canada or Mexico.
  • Third country nationals (non-Mexican, American or Canadian citizens) who may be subject to a heightened security check (due to nationality, education/employment profile, or prior interaction with law enforcement) are strongly advised not to apply in Canada or Mexico, where they will be stuck if visa issuance is delayed.
  • Many U.S. consular posts in Mexico and Canada restrict which third country nationals may apply at their posts.  It is very important to review the restrictions listed on the websites prior to departing the U.S. 
     
  • Mexico or Canada require entry visas for many nationalities.  The applicant should contact a Canadian or Mexican Embassy in the United States to determine if this requirement applies to them

To schedule an appointment at one of the U.S. Consulates in Canada, see www.nvars.com.  For appointments in Mexico, visit www.usvisa-mexico.com (both these sites require a credit card).

Individuals subject to NSEERS (National Security Entry and Exit Registration System) must depart the U.S. through a designated port of departure.

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