Work Permit Travel: Can I Leave The Country?

In most cases, work permit holders can travel overseas. However, a work permit is not a travel document and does not give the holder the automatic right to enter the country where the permit was issued. For example, in Canada, work permit holders need either a temporary resident visa or an Electronic Travel Authorization (eTA) to re-enter the country. In the United States, green card holders are generally free to travel outside the country, but they must be aware of the rules regarding abandonment of residence.

Characteristics of work permit holders travelling overseas

Work permits are not travel documents

In the United States, for example, individuals with work permits are required to obtain an Employment Authorization Document (EAD) to work in the country. However, an EAD does not permit international travel. To travel abroad, an individual with an EAD must also possess a valid passport from their home country, as well as any necessary visas or other travel documents required by the country they wish to visit.

Similarly, in the context of immigration to the US, a work permit is not sufficient for international travel. Marriage-based Green Card applicants, for instance, may benefit from applying for a travel permit to allow them to lawfully travel outside the US while waiting for their Green Card approval. This is particularly crucial if there is an absolute need to travel, such as a family emergency. Without a valid travel document, a marriage-based Green Card application may be denied upon returning to the US.

It is important to note that the rules and regulations regarding international travel for work permit holders vary from country to country. Therefore, it is essential to research and comply with the specific travel restrictions and requirements set by your home country and the country you plan to visit.

Travel requirements for work permit holders in Canada

If you are a work permit holder in Canada and intend to travel outside the country, you must meet certain requirements to be allowed to return to Canada. Here are the essential travel requirements for work permit holders:

• Valid Work Permit: When travelling outside Canada, you must carry your valid work permit. This document will be required upon your return to the country, along with a valid travel document.
• Valid Travel Document: In addition to your work permit, you will need either a temporary resident visa or an Electronic Travel Authorization (eTA), along with a valid passport, to re-enter Canada.
• Port of Entry Letter: Upon your arrival in Canada, you may need to show proof that your work permit application was approved. This can be done by presenting the port of entry letter of introduction, which you receive if you provide an email address in your work permit application form.
• Supporting Documents: It is essential to carry supporting documents, such as proof of work experience, education, and a copy of your employer's positive Labour Market Impact Assessment (LMIA) if required. If your employer needed an LMIA and you will be working in Quebec, you will also need a copy of your Attestation of Issuance of Quebec Acceptance Certificate (CAQ).
• Valid Passport: Ensure that your passport is valid for a longer period than your intended stay in Canada. Your work permit cannot be valid beyond your passport's expiry date.
• Medical and Health Insurance: Before entering Canada, ensure that you have valid medical exam results and health insurance coverage. The eligibility rules for public health insurance vary across provinces and territories, so check with the relevant ministry of health.
• Proof of Sufficient Funds: You must demonstrate to the border services officer that you have enough financial means to support yourself and your family during your stay in Canada and for your return trip home.
• Compliance with Entry Requirements: To be granted entry into Canada, you must meet the country's basic entry requirements, including having no criminal or immigration-related convictions and convincing an immigration officer that you will leave Canada at the end of your approved stay.
• Biometrics: If you are applying for a work permit from outside Canada, you will be required to provide biometrics upon receiving a biometrics instruction letter.
• Police Clearance Certificates: The reviewing visa officer may request that you provide police clearance certificates from any country you have lived in for six months or more after turning 18.

It is important to note that the requirements for working abroad vary from country to country, and specific information can be obtained from the destination country's embassy or consulate in Canada.

Travel requirements for US green card holders

As a US green card holder, you are allowed to travel outside of the US. However, your trip must be temporary, and you cannot remain outside the country for more than a year. If a Customs and Border Protection (CBP) officer believes you do not intend to continue living in the US, they could revoke your permanent resident status.

When travelling, you will need to present a passport from your country of citizenship or your refugee travel document. You should also carry your green card with you at all times. It is also important to remember that different countries have different requirements for entry, so you may need a visa upon arrival. It is recommended that you contact the embassy of the country you intend to visit.

When returning to the US, you will need to present your valid, unexpired green card (Form I-551, Permanent Resident Card) and your passport. You may also present other identifying documents, such as a US driver's license or a foreign national ID. The CBP officer will review these documents and determine whether or not you can re-enter the country.

If your trip will be longer than a year, it is advisable to submit Form I-131 to apply for a re-entry permit. This will allow you to be admitted into the US without needing to obtain a returning resident visa from a US embassy. However, this does not guarantee successful admittance into the country.

• Canada
• Mexico
• The Bahamas
• Bermuda
• The British Virgin Islands
• Costa Rica
• Georgia
• The United Arab Emirates
• Anguilla (British Territory)
• Antigua and Barbuda
• Armenia
• Aruba
• Belize
• Bermuda (British Territory)
• Bonaire (Dutch Territory)
• Bosnia and Herzegovina
• The Cayman Islands (British Territory)
• Chile
• The Dominican Republic
• Kosovo
• Malaysia
• Montenegro
• Morocco
• Oman
• Panama
• Peru (only for Indian and Chinese nationals)
• The Philippines
• Qatar
• Serbia
• Singapore
• Sint Maarten
• South Korea
• Taiwan
• Turkey
• Turks and Caicos (British Territory)
• Albania
• Anguilla
• Antigua and Barbuda
• Aruba
• The Bahamas
• Belize
• Bermuda
• Bonaire
• The British Virgin Islands
• Cayman Islands
• Costa Rica
• Curaçao
• Dominican Republic
• Georgia
• Kosovo
• Malaysia
• Montenegro
• Morocco
• Oman
• Panama
• Peru
• Philippines
• Qatar
• Serbia
• Singapore
• Sint Maarten
• South Korea
• Taiwan
• Turkey
• United Arab Emirates

Applying for a work permit in the US while living abroad

If you live outside the US and want to work there, you generally must apply for a visa from the US Department of State (DOS), unless a visa is not required for people from your country of nationality.

There are five categories of immigrant visas for permanent workers. The requirements to qualify vary depending on the type of visa. Some categories require you to have a job offer from a US employer (sponsor) before submitting your visa application. Some categories require the employer (sponsor) to file an application with the United States Citizenship and Immigration Services (USCIS) and obtain a labor certification from the Department of Labor (DOL).

If you are in the US in a lawful nonimmigrant status that does not provide employment authorization, you may apply for a change of status to a nonimmigrant classification that provides employment authorization, or an adjustment of status to become a lawful permanent resident.

If you are in the US, including if you are an applicant for permanent residence or a certain family member of an alien who has lawful nonimmigrant status, you may file Form I-765, Application for Employment Authorization, to request employment authorization and an Employment Authorization Document (EAD).

If you are living abroad, you may work in the US only after the green card application process is complete. If you are the relative of a US citizen, you may file a work permit application as part of the initial green card application package. However, if you are the relative of a green card holder, you must wait until you are eligible to file your green card application before applying for a work permit.

Work permits for relatives of US citizens and green card holders

Generally, a green card holder is free to travel outside the United States, as long as the absence is temporary. However, employment and study opportunities abroad can be problematic and may lead to immigration issues. For instance, if a permanent resident remains outside the United States for an extended period, it could be seen as an abandonment of their residence in the US.

If you are the relative of a US citizen or green card holder and are living in the US, you will need a work permit to work for a US employer while your family-based green card application (Form I-485) is pending. If you already have a valid work visa, such as an H-1B or L-1 visa, you can continue working in the US while your green card application is processed. Otherwise, you must obtain a work permit, officially called an "Employment Authorization Document" or EAD.

For relatives of US citizens, the work permit application is typically filed as part of the initial green card application package. Relatives of green card holders, on the other hand, must wait until they are eligible to file their green card application before applying for a work permit. It is important to note that you cannot submit a work permit application until you have filed the green card application (Form I-485). Additionally, you may not apply for a work permit if you live abroad.

Frequently asked questions