As international travel resumes in full force, many individuals on U.S visas are making plans to visit their families, attend events, or go on a vacation. However, if you are an H-1B visa holder, an F-1 international student, or pursuing a green card through traveling abroad can bring serious immigration risks.
Delays in visa stamping, consular backlogs, and the changes in immigration policies mean it is more important than ever to understand the consequences of traveling outside the U.S. This blog provides an easy-to-understand guide to help you make informed decisions and avoid problems with your status or green card application.
Why Is Travelling Abroad Risky For Visa Holders
Leaving the U.S as a visa holder is not always an easy process. U.S immigration law requires visas, documentation, and sometimes additional permission to reenter your country.
If you are not fully prepared, you may face denials or delays of reentry.
Here is how travel can be especially risky for the:
- H-1B visa professionals need visa stamping.
- Green card applicants without advance parole.
- F-1 students with pending OPT or expired visas
F-1 Visa Students Should Watch Their Status Carefully
International students in the U.S under the F-1 visa also need to be careful when travelling.
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OPT/STEM OPT Caution:
If you are an OPT (optional practical training) or the STEM OPT, traveling outside the U.S can be risky. Here is what you need:
- A job offer letter
- A valid EAD card
- I-20 signed within the last six months
- A valid F-1 stamp
Note: If your EAD has expired or your job status is not clear, reentry may be denied.
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SEVIS record must be active:
Before leaving the U.S, make sure your SEVIS record is active and the form I-20 is signed for travel.
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Cap-Gap students should not travel:
If you are transitioning from the F-1 TO H-1B under the cap-gap extension, do not leave the U.S. You cannot enter again under the cap-gap provision and may lose your status.
H-1b Visa Holders Should Be Cautious When Planning Travel
The H-1B visa allows skilled workers to live and work in the U.S, but international travel has a lot of strict requirements:
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Documentation you must carry:
- Employment verification letter.
- Percent pay stubs.
- Valid passport and visa.
- Latest Form I-797 approval notice.
Note: if your documents do not match or the employer has changed recently, you may face issues returning to the U.S.
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Visa stamping is required:
If your visa has expired and you leave the U.S, you must get the restamped at the U.S consulate abroad. It may take time, even months.
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Delays in the administrative processing
You should be selected for the administrative processing, also known as the 221(g), which can delay your return by weeks or even months.
Green Card Applicants Should Avoid Travel Without Advance Parole
If you are applying for a green card under the national interest waiver (NIW), you must be extremely careful when considering international travel:
- Never travel without advance parole
- Know your stage in the process
Essential Tips To Look For Before Travelling Internationally
Whether you are on a visa or applying for a green card, make sure to follow up on these steps before travelling internationally:
- Keep your documents in order
- Check consulate appointment wait times
- Consult your immigration attorney
- Avoid travel during the pending status changes
What Happens At The Airport During The Secondary Inspection
Some travelers are referred to a secondary inspection in the U.S airports for further checking and questioning. One should be ready for the following:
- Avoid inconsistent answers
- Show proof of ongoing status
- Provide detailed information about your job, visa, or studies.
Key Takeaways
Travelling abroad while on a visa or during the green card process is a lot of risk. Here are the basic points to remember:
- Green card applicants should never travel without parole if their I-485 is filed.
- H-1B holders should not leave without a valid visa stamp and supporting documents.
- F-1 students should be cautious if they are on OPT or nearing the end of the program.
By staying informed, checking the visa status, and consulting with the immigration experts, you can avoid delays and make sure your return to the U.S is safe.
Need Help With Your Travel Plans?
Travelling internationally is not as simple as booking a flight. Mistakes can lead to serious issues with immigration. At EB2Hub, we specialize in guiding travel risks and immigration compliance for the F-1 and H-1B visa holders.
Contact us today for a consultation and protect your immigration future. Travel safely by planning ahead, staying informed and tension free with us.