Summer is upon us, which means this is a popular time for employees to travel. U.S. based foreign workers that plan to travel outside of the U.S. should make sure that there will be no issues for gaining re-entry when they return.
Before leaving the U.S., foreign workers must evaluate whether they need to take any steps to assure their immigration status before or during their international travel. In addition, foreign workers should prepare for their eventual interview with a U.S. Customs and Border Protection (CBP) immigration inspection officer, which will take place upon their return.
A few considerations:
- Do they have the documents needed upon return? (passport valid for at least 6 months, proper visa, approval notice, I-94 print out, etc.)
- Have they been arrested or charged with a crime or violated U.S. immigration status?
- Is their non-immigrant status in the process of being extended ,and, if so, is that extension at a point where travel is accepted?
- Are they in the process of getting a green card, and if so, is that to the point where travel is accepted?
If these individuals cannot get into the U.S., employers may:
Be deprived of a desired or needed skill.
Suffer business delays or loss.
See more from Fragomen below.
Summer Travel Planning for Foreign Nationals May 20, 2016 Executive Summary If you will be traveling internationally during the summer, make sure that you have all the necessary documents before you depart, including a passport with sufficient remaining validity, a valid visa in the appropriate classification, and advance permission to travel where necessary. If you will need to apply for a visa while you are abroad, be prepared for possible delays in visa issuance. On reentry to the United States, expect thorough screening at the port of entry. If you are a foreign national planning to travel abroad this summer, now is the time to make sure you are prepared, from an immigration perspective, to depart and reenter the United States. Understanding your immigration obligations can help minimize delays on reentry.