Legal and Visa Information

Travel Outside the United States

Foreign nationals in the U.S. need to be certain that they have the documents and visas needed to enter the country they propose to visit. Current valid documents are also needed to re-enter the U.S.; for example, a J-1 visa holder must have a valid form DS-2019 endorsed for entry by the Exchange Program Responsible/Alternate Responsible Officer, and the U.S. visa must show valid dates. Documents and procedures vary, depending on the foreign national's citizenship and the country they intend to visit.

Documentation Required for Travel and Re-entry

If you plan to travel outside the U.S., you will need the following documents to re-enter:

J-1 Exchange Visitors

• A valid passport (unless exempt from passport and visa requirements)
• A valid visa
• A valid Form DS-2019 endorsed for re-entry by the Exchange Program Responsible/Alternate Responsible Officer.

H-1B and O-1 Visa Holders

• The original I-797 Approval Notice from the USCIS which is valid beyond the travel period.
• A valid H-1B or O-1 visa stamp in the passport
• A current letter from the employer verifying employment. (Not necessary, but may help to facilitate re-entry).
• A valid passport (unless exempt from passport and visa requirements)

TN Visa Holders

• Canadian. The original I-94 card valid beyond the travel period and proof of citizenship
• Mexican. Valid TN visa, original I-94 card valid beyond the travel period

It is advisable that all important documents are photocopied before your trip and kept in a safe place in case the originals are lost.

Passports

Most aliens seeking admission to the U.S. in nonimmigrant status must have a passport valid for at least six months beyond the date of your anticipated stay in the U.S. Certain countries have agreements extending the passport for six months beyond the expiration date. A list of countries with passport agreements can be found at: http://www.ice.gov/sevis/travel/faq_f2.htm#_Toc81222004

Effective January 23, 2007, all persons including citizens of the United States, are required to present a passport, or other accepted secure document that establishes the bearer's identity and nationality, to enter the United States when arriving by air from Canada, Mexico, Central and South America, the Caribbean, and Bermuda. It is anticipated that this requirement will extend to all land and sea border crossings effective January 1, 2008.

If you need a new visa to return, consider:

• In the past, a nonimmigrant (F, M, J and Q-2 status only), could travel to Canada or Mexico on an expired visa, and could re-enter and be considered extended, or in the case of a nonimmigrant who had a change of status, be considered converted to the proper visa category as long as the stay was for less than 30 days. This was referred to as “Automatic Revalidation”.Effective April 2002, automatic revalidations are no longer available for citizens of “state sponsors of terrorism”, currently designated by the State Department as: Iraq, Iran, Syria, Libya, Sudan, North Korea and Cuba. In addition, any nonimmigrant that chooses to apply for a new visa stamp while in contiguous territory will no longer be eligible for the “automatic revalidation”, but would rather have to wait until the new visa stamp is granted in order to re-enter the U.S. If for any reason, they are denied a new visa stamp, the foreign national will have to return to their home country to obtain a visa stamp to re-enter the U.S.
• Individuals who are not residents in the consular district are known as third-country nationals and must have an appointment for an interview. It is recommended that you consult the website of the U.S. Embassy or Consulate where you will apply for appointment scheduling and visa processing information. Be aware that individuals may be more likely to encounter difficulties at the time of the interview when applying for a visa outside of their home country.Individuals who have ever been out of status because they have overstayed their visa or the period authorized on the I-94 are not eligible to apply at a border post and must apply in the country of home nationality.

You should consult the Foreign National Advisor prior to travel if you have a file pending with USCIS and are unsure of travel regulations.

Since September 11, 2001, the Department of State has implemented a number of new security measures that have resulted in increased scrutiny and review of visa applications resulting in delays in processing times.

• The Department of State is subjecting foreign nationals from certain countries to additional security clearances. Special registrants are required to be processed under a special registration program known as National Security Entry-Exit Registration System (NSEERS).
  Special Registrants must depart the U.S. using specific ports. More information can be found at: http://www.ice.gov/pi/specialregistration/index.htm.
• The Department of State requires all nonimmigrant males between the ages of 16 and 45, regardless of nationality and regardless of where they apply, to complete Form DS-157 (Supplemental Nonimmigrant Visa Application). This form is in addition to the usual and customary documentation needed to apply for a visa. Further, U.S. embassies and consulates may subject any nonimmigrant visa applicant to this requirement at their discretion.
• Individuals involved in research in fields on the Technology Alert List (TAL), the Department of State is required to conduct a security clearance prior to issuing a visa. Clearance may take one to several months.

When you travel you may encounter:

• Delays in flights due to heightened security measures at airports and along the Canadian border.
• Inquiries and increased review of documents at all ports-of-entry
• Multiple inspections by several immigration or customs officials
• Possible photocopying of documents by USCIS officials and possible videotaping of USCIS, customs or FBI interviews
• Inspection of personal belongings, luggage, pockets or other searches