Traveling For Work On An H1b Visa: What You Should Know

The H-1B visa is a nonimmigrant work visa that allows U.S. employers to hire foreign workers with specialized skills. Travel within the U.S. and its territories is permitted for H-1B visa holders, and no special documents are required. However, it is important to carry your passport and visa documents when travelling within the U.S. in case you need to present them to law enforcement officials. Additionally, if you are extending your H-1B status or transferring employers, you can travel internationally and re-enter the U.S. as long as you have a valid I-797 Approval Notice and a valid H-1B visa.

Can I travel within the US for work on an H1B visa?

Travel within the US is permitted without restrictions

If you are in the process of changing your status to H-1B, do not travel outside the US while the petition is pending with U.S. Citizenship and Immigration Services (USCIS). USCIS may deem that you have abandoned your petition and deny your change of status.

If you are already on an H-1B visa, you can travel internationally and re-enter the US while your status is being extended or transferred from one employer to another, provided you have a valid I-797 Approval Notice and a valid H-1B visa (unless visa-exempt or eligible for automatic visa revalidation). If your current H-1B visa expires before you return to the US, you may have to wait until the extension is approved to re-enter.

When returning to the US after a temporary absence, be prepared to show the following to the Customs and Border Protection officer:

• Original and unexpired Form I-797 Approval Notice
• Passport valid for at least 6 months beyond the end date of your expected stay
• Letter from your host department confirming 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
• Valid H-1B visa stamp (unless you are a Canadian citizen)

If you are travelling to Canada or Mexico for less than 30 days, you do not need a valid H-1B visa stamp to re-enter the US, 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 US unless the visa is granted.

Carry your passport and visa documents when travelling within the US

If you are travelling within the US on an H1B visa, it is important to carry your passport and visa documents with you at all times. This is because, even though you are not leaving the country, you may unknowingly encounter a border checkpoint and be asked to present your documents by border security officers. For example, one person travelling in New Mexico, around 60 miles from the Mexico border, was stopped at an immigration checkpoint and questioned by border security officers.

In general, many people think that they do not need to carry any documents related to their visa or passport when travelling within the US. However, this is not necessarily true, especially when travelling in border states as the lines are not clear and you may unintentionally run into a border checkpoint.

If you are a nonimmigrant visa holder, you should keep your visa documents with you whether travelling by car, bus, train, or plane. You also need to have your passport from your home country with you at all times. If you have an international driver's license, you should carry this too, especially if you are driving.

If you are a lawful permanent resident or green card holder, you are required by US immigration law to keep your green card with you at all times, especially when travelling. Even if you are travelling by car and do not need to present identification, you should always have your green card within reach.

If you are a US citizen, you will need to carry identification when travelling, at least by air. A passport is one of the preferred methods of identification for domestic air travel. Other acceptable forms of identification include a driver's license, state-issued identification card (if you don't drive), or a military ID.

Some general travel tips include never putting your identification or immigration documents in checked luggage when travelling; keep them on your person at all times. Before you leave home, make copies of all your documents and, if possible, leave them with a trustworthy person who can transmit them to you if needed. You may also wish to photograph your original documents and keep those images on your smartphone in case the originals get lost.

Discuss travel plans with the ISO team before travelling internationally

If you are on an H-1B visa and are planning to travel internationally, it is important that you discuss your travel plans with the International Scholars Operations (ISO) team before your trip and before any petition is filed with the U.S. Citizenship and Immigration Services (USCIS) on your behalf. This is a crucial step to ensure a smooth travel experience and avoid any potential issues with your visa status.

When you are in the process of changing your status to H-1B or if your dependents are applying for a change of status to H-4, it is advisable not to travel outside the United States while the petition is pending with USCIS. If you do so, USCIS may consider your petition as abandoned and deny your change of status. In such a situation, you would need to exit the country, apply for a new H-1B visa stamp, and then re-enter the U.S. as outlined in their guidelines.

On the other hand, if your H-1B status is being extended or transferred to a new employer, you can travel internationally and re-enter the U.S. as long as you have a valid I-797 Approval Notice and a valid H-1B visa. It is important to note that if your current H-1B visa expires before you return, you may need to wait for the extension to be approved before re-entering.

When returning to the U.S. after a temporary absence, be prepared to provide the necessary documentation to the Customs and Border Protection officer. This includes the original and unexpired Form I-797 Approval Notice, a valid passport, a letter from your host department confirming your employment, photocopies of the I-129 petition and supporting documentation, and a valid H-1B visa stamp.

Additionally, if you are planning a short trip to Canada or Mexico, you can take advantage of automatic visa revalidation. This means that you don't need a valid H-1B visa stamp for re-entry to the U.S. as long as your trip is less than 30 days and you have a valid H-1B approval notice. However, if you apply for a new visa while in Canada or Mexico, you must obtain the visa to return to the U.S.

In summary, remember to always discuss your travel plans with the ISO team before travelling internationally on an H-1B visa. This will help ensure that you have the necessary documentation, avoid potential issues with USCIS, and make your travel experience as smooth as possible.

Validity of passport and visa documents is crucial for re-entry into the US

When travelling on an H-1B visa, having valid and up-to-date passport and visa documents is crucial for re-entry into the US. Here are some key points to consider:

• Passport Validity: Your passport must be valid for at least six months beyond your intended period of stay in the US. This requirement ensures that you have sufficient time remaining on your passport after your expected departure date.
• H-1B Visa Stamp: In addition to a valid passport, you must have a valid H-1B visa stamp in your passport. This stamp indicates that you have been approved for H-1B status and authorised to work in the US. The H-1B visa stamp can be obtained from a US Consulate abroad.
• Form I-797 Notice of Approval: Upon entering the US, you will need to present the original and unexpired Form I-797 Notice of Approval. This form confirms your H-1B status and the specific details of your employment. Keep the most recent version of this form with you when travelling.
• Employment Verification: It is recommended to carry recent pay stubs and an employment verification letter from your employer. The letter should confirm your current position and salary. This documentation provides evidence of your continued employment, which is essential for maintaining your H-1B status.
• H-1B Petition Materials: Carry copies of the H-1B petition materials, such as the Labour Condition Application (LCA) and Form I-129. These documents provide detailed information about your employment and were submitted to obtain your H-1B status.
• Dependent Information: If you have any dependents accompanying you, such as a spouse or unmarried children under 21, they will need to provide proof of their relationship to you. This can include marriage certificates or birth certificates. Additionally, your dependents must hold valid visas, typically H-4 visas, to remain in the US with you.
• Visa Renewal and Extensions: Keep in mind that H-1B visas are typically valid for three years and can be extended for up to six years. If your visa is nearing its expiration date, ensure that you initiate the renewal process with your employer well in advance to avoid any disruptions in your legal status.
• Travel to Canada or Mexico: If you are travelling solely to Canada or Mexico for less than 30 days, you may be eligible for automatic visa revalidation. This means you can re-enter the US without obtaining a new visa stamp, but you must still have a valid passport and Form I-797 Notice of Approval.

Remember, it is always advisable to consult with immigration specialists or your employer's human resources department before making international travel plans to ensure that you have all the necessary documentation for a smooth re-entry into the US.

Short travel to Canada or Mexico is possible under Automatic Visa Revalidation

Travelling to Canada or Mexico from the US under an H1-B visa

The H-1B visa is a nonimmigrant work visa that allows US employers to hire foreign workers with specialised skills for a specific period. Typically, these roles require a bachelor's degree or equivalent.

Automatic Visa Revalidation

Who is not eligible for Automatic Visa Revalidation?

• 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 US under the Visa Waiver Program.
• Individuals applying for a US visa while abroad.
• Individuals who were not admitted to the US on the basis of a nonimmigrant visa.
• Nationals of Iran, Syria, Cuba, and Sudan are not eligible to re-enter the US with Automatic Visa Revalidation.

Frequently asked questions