Immigration News Alert

WORRIED ABOUT TRAVEL WITH STUDENT OR WORK VISA?

There is growing concern about travel for nonimmigrants - foreign nationals holding student (F-1 or J-1) visas and those holding work visas (e.g. H-1B and L-1). Earlier this month we posted an alert about travel for immigrants – green card holders. Read the News Alert here. With worry of visas being revoked or cancelled without notification, international travel can be risky.

Employers may not want employees who hold nonimmigrant work visas to travel internationally. We are expecting a travel ban to be announced any day and anyone from those identified countries should be inside the United States. 

If international travel is required for nonimmigrant visa holders, here is a brief outline of action items and required documents:

 

F-1 students/J-1 exchange visitors:

  • Valid and unexpired visa foil (visa stamp) in passport.

  • Forms endorsed for international travel: Form I-20 (F-1) and Form DS 2019 (J-1).

  • Advise the Designated School Official (DSO) or Responsible Officer (RO) of your travel plans and confirm accuracy of information in SEVIS.

  • If working with F-1 Optional Practical Training (OPT), bring employment authorization document (EAD), a signed letter from the employer confirming your employment, and copies of recent pay slips.

 

Work Visa Holders, including E, H-1B, H-1B1, TN, L-1, O-1:

  • Valid and unexpired visa foil (visa stamp) in passport. (Blanket Ls also need unexpired and properly endorsed Form I-129S).

  • Original USCIS Form I-797 Approval Notice. (Blanket Ls need endorsed Form I-129S).

  • Copies of petition as filed, or at least Form I-129 and Supplement, Labor Condition Application (LCA) for H-1Bs, and company support letter.

  • Recent employment letter with job title as it appears in the petition, salary, and brief description of key job duties.

  • Recent paystubs: copies of 3 most recent pay slips.

 

Additional considerations:

  • Have you moved recently and Filed Form AR-11? All foreign nationals (nonimmigrant and immigrant (green card holders)) must file Change of Address notification (Form AR-11) within 10 days of your move. Information on changing your address is found at: https://www.uscis.gov/addresschange.

  • Electronic Devices and social media: U.S. Customs and Border Protection (CBP) has the right to conduct border inspections at U.S. airports and land ports-of-entry. This includes searches of any person and their belongings (including electronic devices) without a warrant or suspicion. Please review the CBP website on border searches of electronic devices.

 

Considerations at airport upon admission:

  • CBP is making a decision about your admissibility to the United States when they interview you at airport. A material misrepresentation can result in a lifetime bar for admission to the United States.

  • There is no right to counsel (a lawyer) when seeking admission.

  • If placed in secondary inspection, there can be a long wait before being interviewed.

  • Request to withdraw your application for admission if it seems that CBP may refuse your admission. In this case, you will be expected to get on the next flight home.

 

For further information, please contact our office at 202-537-4830 or view our Bookings Site to schedule a 15-minute consultation concerning travel issues.