If you are in the US on an H2B visa and want to travel to Mexico, you can do so without needing a Mexican visa. However, there are some important considerations to keep in mind. Firstly, ensure that your US visa is valid for the entire duration of your stay in Mexico. Additionally, if your US visa is in an old or expired passport, bring that passport along with your new one and present both to the airline staff and Mexican immigration officers. It is also worth noting that if your H2B visa expires while you are in Mexico, you may not be able to return to the US. If your trip to Mexico is for less than 30 days, you may be able to re-enter the US using the expired visa stamp through a process called Automatic Visa Revalidation. However, if you apply for a new visa while in Mexico, you will not be able to return to the US unless the new visa is granted.
What You'll Learn
Travel to Mexico with an H2B visa
If you are travelling to Mexico on an H2B visa, there are a few things you should know. Firstly, it is important to discuss your travel plans with the relevant authorities before travelling and before any petition is filed. If you are in the process of changing your status to H-2B, do not travel outside the country while the petition is pending, as this may result in your petition being denied.
If you are already on an H2B visa, you can travel to Mexico, but the rules depend on the length of your trip. For brief trips of less than 30 days, you won't need your H2B visa in your passport as the stamp is not required. For longer visits, you will need a valid H2B stamp in your passport.
If your trip to Mexico is 30 days or fewer, you may be able to re-enter the US using an expired visa stamp. This is called Automatic Visa Revalidation. However, if you apply for a new visa while in Mexico, you will not be able to return to the US unless it is granted.
It is recommended that you gather and check your documents before travelling. You will need to take your I-94 card, which you will turn in when you leave the country. If your I-94 card is electronic, you do not need to turn anything in. It is also recommended that you take a recent letter from your department confirming your continued employment, a photocopy of your H2B Approval Notice (Form I-797), and a photocopy of your H2B petition. Check that your passport, H2B Approval Notice, and H2B visa stamp are all valid and have not expired. If your passport will expire within six months, it is recommended that you renew it. If your visa stamp expires while you are in Mexico, you will need to visit a US consulate for an interview and get a new H2B visa stamp to return to the US.
If you are travelling to a country other than your home country, you may need a visitor's visa, even for a transit stop or layover. Check the embassy website of the country you are travelling to for more information.
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Automatic revalidation for H2B visas
Automatic revalidation allows certain nonimmigrants to re-enter the U.S. with an expired U.S. visa stamp in their valid passport after visiting Canada, Mexico, or an adjacent island for less than 30 days. This includes individuals in F, J, O, and H-1B status. Under this provision, the expired nonimmigrant visa is considered to be automatically extended to the date of readmission.
However, automatic revalidation is not available to citizens or nationals of state sponsors of terrorism as determined by the Department of State, individuals whose visas have ever been cancelled under INA 222(g), individuals who entered the U.S. under the Visa Waiver Program, individuals applying for a U.S. visa while abroad, and individuals who were not admitted to the U.S. on the basis of a nonimmigrant visa.
Additionally, if you apply for a new nonimmigrant visa, you cannot take advantage of automatic revalidation.
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Required documents for re-entry to the US
To re-enter the US on an H-1B visa, you must present the following documents to a Customs and Border Protection officer:
- Original and unexpired Form I-797 Approval Notice.
- A passport that is valid for at least 6 months beyond the end date of your expected stay.
- A letter from your host department confirming that you are returning to continue full-time employment in the job described in the I-129 petition.
- Photocopies of the I-129 petition and supporting documentation, including Form ETA 9035 Labor Condition Application.
- A valid H-1B visa stamp. (Canadian citizens are exempt from this requirement).
If your visa has expired, it may be extended by presenting the above documents to a U.S. consulate. Anticipate delays due to security reviews. For information about the visa process and to schedule an interview appointment, contact the U.S. consulate in the city where the application will be submitted.
If you are returning to the U.S. after a temporary absence of less than 30 days in Canada or Mexico, a valid H-1B visa stamp is not required for re-entry, as long as you have a valid H-1B approval notice. This is called automatic visa revalidation. However, if you apply for a new visa while in Canada or Mexico, you will not be able to return to the U.S. unless the visa is granted.
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H2B visa extension process
The H-2B visa is a temporary non-agricultural work visa for foreign nationals. It is important to note that there is a cap on the number of H-2B visas issued each year, and the process can be lengthy, so it is best to start the extension process as early as possible. Here is a step-by-step guide to extending an H-2B visa:
Step 1: Understand the Requirements
Before starting the extension process, it is crucial to ensure that you meet the requirements for H-2B classification. The petitioner (employer) must establish that:
- There is a shortage of US workers who are able, willing, qualified, and available to do the temporary work.
- Employing H-2B workers will not negatively impact the wages and working conditions of US workers in similar positions.
- The need for the prospective worker's services is temporary, regardless of whether the job itself is temporary. This can be demonstrated as a one-time occurrence, seasonal need, peak load need, or intermittent need.
Step 2: Submit a Temporary Labor Certification Application
The petitioner must apply for and receive a temporary labor certification for H-2B workers from the US Department of Labor (DOL). If the employment will be in Guam, the certification is obtained from the Guam Department of Labor (Guam DOL). This step involves demonstrating that the above requirements are met.
Step 3: Submit Form I-129 to USCIS
Once the temporary labor certification is approved, the petitioner must file Form I-129, Petition for a Nonimmigrant Worker, with US Citizenship and Immigration Services (USCIS). The original temporary labor certification must be submitted along with Form I-129.
Step 4: Prospective Worker Applies for Visa and/or Admission
After USCIS approves Form I-129, the prospective H-2B worker who is outside the US must take the following steps:
- Apply for an H-2B visa with the US Department of State (DOS) at a US Embassy or Consulate.
- Seek admission to the US with US Customs and Border Protection (CBP) at a US port of entry.
Alternatively, the worker can directly seek admission to the US in H-2B classification with CBP at a US port of entry if an H-2B visa is not required.
Step 5: Understand the Time Limitations
It is important to note that the H-2B classification can generally be extended for up to one year at a time. The maximum period of stay in H-2B classification is three years. After holding H-2B status for three years, the individual must leave the US and remain outside the country for an uninterrupted period of three months before seeking readmission as an H-2B nonimmigrant.
Additionally, certain periods of time spent outside the US may not count towards the three-year limit, effectively interrupting the authorized stay.
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H2B visa application process
The H-2B visa is for temporary non-agricultural jobs. The H-2B visa application process is as follows:
Step 1: Find a company in the U.S. that needs temporary workers
Word of mouth, a local visa agent, or a job fair can be good starting points. Many local and state governments in Mexico have contact information for "Centers of Attention for Immigrants" that can provide more information about job opportunities in the United States.
Step 2: Review your job contract and confirm that the petition is valid
Review the details of your job offer, including the type of work, how much you will be paid, work duration, hours, benefits, and any deductions from your paycheck. You must receive a written work contract in a language you understand.
Step 3: Complete a DS-160 visa application form and pay the visa application fee
The DS-160 form must be completed and submitted online prior to your visa interview at the Consulate. The visa application fee is $205 USD and can be paid at any Citibanamex or Scotiabank branch in Mexico.
Step 4: Ensure that you meet the requirements to make a visa appointment
Before making an appointment, make sure you have the following:
- A valid, undamaged passport
- A valid petition number
- Proof of payment of the visa application fee
Step 5: Attend your appointment at the Applicant Service Center
If your appointment is at the U.S. Embassy or a Consulate, you or an agent will first go to the Applicant Service Center to submit your documentation.
Step 6: Attend your visa interview at the U.S. Embassy or Consulate
It is important to tell the truth during your interview. You must disclose any previous arrests, prior time spent in the United States, and times that you attempted to cross the border.
Step 7: If approved, receive your visa and travel to a U.S. port of entry
Once you have received your visa, you can travel to a U.S. port of entry and apply for admission as an H-2 worker.
Additional Information for Employers:
To participate in the H-2B program, an employer must:
- Have a place of business (physical location) in the U.S. and a means by which it may be contacted for employment
- Have an employer relationship with respect to an H-2B worker
- Possess a valid Federal Employer Identification Number (FEIN)
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Frequently asked questions
If your trip to Mexico will be 30 days or less, you may be able to re-enter the US using the expired visa stamp. This procedure is called Automatic Visa Revalidation.
You will need to take the following documents:
- Your I-94 card, which you will turn in when you leave the country. If you have an electronic I-94 instead of a physical card, you do not need to turn anything in.
- A recent letter from your department that confirms your continued employment.
- A photocopy of your H2B Approval Notice (Form I-797).
- A photocopy of your H2B petition.
Yes, an H2B visa holder can travel to Mexico from the US. If your trip is less than 30 days, you won't need your H2B visa in your passport because the stamp isn't required. Longer visits require an H2B stamp, so make sure to have a valid visa.