International travel considerations

It is important for sponsored employees to plan ahead when considering international travel. Being prepared for any immigration requirements will reduce that stress, save valuable time, and ensure compliance. This guide is specifically intended for employees who currently obtain or are seeking a U.S. immigration status. Employers are encouraged to share this information with sponsored employees to ensure they are properly prepared for travel. 

Please inform the legal team at CIP in the Communication Center of any upcoming international travel. 

If a problem arises at the travelers entry, carefully note the issue(s) raised by the immigration official so the CIP legal team can understand and assist with the situation. While it is not guaranteed, if the immigration official permits you to contact your legal team at CIP for assistance, please do so.

Ensure travel documents are valid

Much of the preparation for travel takes place well before the departure date. Sometimes, employees may need several weeks or even months to ensure travel documents are ready to go by the time they leave. If a passport renewal is needed or obtain a new visa, that will add to the timeline. Here's a list of common travel documents employees and dependent family members should ensure are valid when making travel plans.

• Passport: When possible, renew your passport if it's expiring in less than a year. If you have a valid I-797, be mindful of your I-94 expiration date if your passport is expiring sooner than your I-797.  ** Remember, if your passport expires before the expiration of your status, CBP could limit your I-94 to match your passport instead of your approval notice or other status document. Always check and compare expiration dates. 
• Visa Stamps: Nonimmigrant workers (with the exception of Canadians) will need a valid visa stamp for the appropriate nonimmigrant category in your passport to re-enter the US. If your visa stamp is expired, you will need to apply for a new visa at a US Embassy/Consulate in your home country or country of residence before you return.  It can take weeks or months to secure an appointment, so plan early!
• Make your visa appointment via the DOS website here before you depart: Complete your Form DS-160 application online before booking your travel to determine the availability of visa appointments. Be aware that US consulates worldwide may operate at reduced capacity, and complete visa services may not have yet resumed in your destination country. Note that summer travel demand may result in long wait times for visa appointments. Also, increased "administrative processing" may result in unexpected delays after the appointment. Therefore, you should not finalize your travel arrangements until you have scheduled your visa appointment, and you should allow at least 10 days after your visa appointment to receive your passport back from the consulate.

• I-797 Approval & Petition: If you are in the US on a nonimmigrant employment-based visa, ensure you have your most recent nonimmigrant petition approval notice, known as the "Form I-797 Approval Notice." Also, be sure to have a full copy of your employer's nonimmigrant petition.
• TN & E Visas: For those individuals who have received a TN entry stamp directly from U.S. Customs & Border Protection or an E-3 visa directly from a U.S. Consulate, you may not hold a “Form I-797 Approval Notice.” Please check with your legal team to confirm. 
• L-1 Blanket Petition Applicants: You must present your endorsed Form I-129S stamped by an immigration officer. We also recommend you carry a copy of the I-797 Blanket L approval from the company.
• Proof of continuing employment: Bring copies of your three most recent paystubs and an Employment Verification Letter from your employer to show continued employment in the US.
• Permanent residents/Permanent resident applicants: Make sure that you have your Green Card with you and that it is unexpired and undamaged. 
• If your green card/adjustment of status application is pending: Have your valid Advance Parole document or a valid H-1B visa or L-1A/B nonimmigrant visa to re-enter the US. 
• If you have a pending advance parole application: We recommend waiting for it to be approved before traveling internationally, as the advance parole application may be denied if you depart the US while it is still pending.

Transiting Through Other Countries or Regions

If you must transit through another country to reach your destination (e.g., layover), ensure you have the required visa and documents applicable to the transiting country. If you have any questions regarding the country's visa requirements that you will be transiting through, post a message to the CIP legal team in the Communication Center. 

Anticipate Travel Delays

International travel can incur many unexpected delays. While you can't necessarily anticipate those delays in advance, you can reduce any additional wait time by adding extra time to your trip to cover increased wait times for US Customs inspection, security checkpoints, and other related procedures. Plan for potential delays and arrange travel that is refundable or can be rescheduled if needed. 

Check with your employer and inform them of the possible delays.

Returning to the United States

Depending on where you're returning from and how long you've been away, you may have different experiences returning to the US. Here are some situations you may encounter and how to handle them.

Questions from US Customs

If you are stopped or questioned by US Customs officers, US Immigration officials, or other Port of Entry/Airport personnel, be cooperative, listen carefully to any questions asked, and answer clearly and concisely. Be ready to answer questions on your immigration status, such as the following:

• Who is your employer?
• What is your job title?
• What do you do in the US?
• How long do you plan to stay?

You should review the job details listed in your most recently filed visa petition, so you are prepared to answer these questions. Before you depart, please check with your CIP legal team if you have any questions about how your job details appear in your petition. If you do not know the answer to an officer's question, it is okay to say so. Answering truthfully is better than making up an answer that can become problematic later.

Understand your rights

You do not have the right to an attorney at a Port of Entry or Preflight Inspection Facility. CBP does have the right to search electronic devices.  When possible, we recommend traveling with a ‘burner’ phone or laptop that does not contain your personal information, access to social media, personal records, or the like. CBP have indicated intent to scrutinize social media posts in particular. We also recommend disconnecting to the cloud and powering down devices when entering the U.S. 

Provide the legal team with your I-94 arrival/departure record

Once you have returned to the US, remember to:

• Check your I-94 Arrival/Departure Record online: i94.cbp.dhs.gov > Get Most Recent I-94. You must check your I-94 after each entry to the U.S. to ensure it was issued for the correct status and expiration date.
• Confirm that your information is correct and that you were given the proper status and duration of time. If your I-94 Record looks incorrect to you or if you are unsure whether the I-94 Record is correct, contact your CIP legal team.
• Upload you and your dependent family members' I-94 record(s) (and visas if you secured new ones) to your Document Library in your Envoy account after each international trip and alert the legal team to the same.