Business Travel On H1b Visas: What You Need To Know

The H-1B visa is a non-immigrant work visa that allows US employers to hire foreign workers with specialized skills for a period of three to six years. It is possible to travel on business for work on an H-1B visa, but there are some important considerations to keep in mind. Firstly, it is recommended to discuss any travel plans with the relevant authorities before travelling internationally or filing any petitions. While it is possible to travel and re-enter the US while the H-1B status is being extended, it is important to have valid documentation, including an I-797 Approval Notice and a valid H-1B visa. Additionally, certain countries may require a visitor's visa or an Electronic Travel Authorization (eTA) for entry, so it is important to check the requirements for the specific country of travel.

Travel outside the US while H-1B status is being extended or transferred

If 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 advised that you do not travel outside of the US while the petition is pending with USCIS. If you do leave the country, USCIS may consider that you have abandoned your petition and deny your change of status. In this case, you would have to exit the US, apply for a new H-1B visa stamp, and re-enter the country.

However, if your H-1B status is being extended or transferred from one employer to another, you can travel internationally and re-enter the US, as long as you have a valid I-797 Approval Notice and a valid H-1B visa. 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, you will need 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, as 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, who is visa-exempt)

It is always recommended that you discuss your travel plans with the International Scholars Operations (ISO) team before travelling internationally and before any petition is filed with USCIS on your behalf.

Returning to the US after a temporary absence

International travel with an H-1B visa can be complicated. It is recommended that you check with your adviser before you travel if you have any questions about your situation.

All international scholars/employees and family members planning to depart from the US and return after a temporary absence must have a valid passport to exit the US. The passport must also be valid for a minimum of six months from the date of re-entry to the US. Some countries have an agreement with the US that automatically extends passport validity for 6 months, for US entry purposes only.

Except for Canadian citizens, all international scholars/employees and family members will also need to have a valid H-1B/H-4 visa stamp in their passport issued by a US embassy or consulate abroad. Visa stamps cannot be obtained or renewed inside the US.

If you are in the US and attempting to change your status to H-1B, or if your dependents are applying for a change of status to H-4, do not travel outside the US while the petition is pending with USCIS. USCIS may say that you have abandoned the petition and deny your change of status. In this situation, you would have to exit the US, apply for a new H-1B visa stamp, and re-enter.

You can travel internationally and re-enter the US while your H-1B 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 expires before you return, you may have to wait until the H-1B 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. (Canadian citizens are visa-exempt.)

Short travel to Canada or Mexico under automatic visa revalidation

If you are travelling to Canada or Mexico for less than 30 days, you may be eligible to re-enter the US on an expired visa through a process called "automatic visa revalidation". This benefit also applies to those who have changed their non-immigrant status in the US and whose visa is still in the category in which they entered the country.

To be eligible for automatic visa revalidation, the following criteria must be met:

• The visit is only to Canada or Mexico, and you have not travelled to any other country.
• You did not apply for a new US visa while in Canada or Mexico.
• Your passport must be valid for at least six months from your date of re-entry to the US, unless your country is a member of the "six-month club".
• You must possess your portion of the approval notice (bottom left side of the I-797) if in H-1B status.
• You must possess an unexpired I-94 record or admission stamp.
• You must apply for readmission to the US within the authorised period of your immigration status.
• You must have maintained and intend to resume your non-immigrant status.

Please note that automatic revalidation is not available to nationals from countries identified as state sponsors of terrorism, including Iran, Syria, and Sudan. Individuals who apply for a new visa in Canada or Mexico but are denied are also not eligible for automatic visa revalidation.

Requesting a visitor's visa if necessary

If you are a non-immigrant worker on an H-1B visa, you can travel outside the U.S. and request entry to the U.S. upon your return. However, it is important to ensure that your H-1B visa is still valid, as you may need to present evidence of your employment or visa validity at the border.

If your H-1B visa has expired, you will need to apply for a new H-1B visa stamp at a U.S. consulate and re-enter the country. This process can be completed by following the steps outlined below:

• Discuss your travel plans with the International Scholars Operations (ISO) team before travelling internationally and before any petition is filed with U.S. Citizenship and Immigration Services (USCIS) on your behalf.
• If 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, do not travel outside the U.S. while the petition is pending with USCIS, as they may consider this as abandoning your petition.
• If your current H-1B visa expires before you return, you may have to wait until the extension is approved to re-enter.
• When returning to the U.S., be prepared to show the following documents to the Customs and Border Protection officer:

• Original and unexpired Form I-797 Approval Notice.
• Passport valid for at least six months beyond the end date of your expected stay.
• Letter from your host department confirming your return 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 (not required for Canadian citizens).

• If your visa has expired, it can be extended by presenting the above documents to a U.S. consulate, but anticipate potential delays due to security reviews.
• For short trips to Canada or Mexico (less than 30 days), a valid H-1B visa stamp is not required for re-entry under the automatic visa revalidation. However, this does not apply to nationals of countries on the State Sponsors of Terrorism list.

By following these steps and being mindful of the specific requirements and restrictions, you can ensure a smooth process when requesting entry to the U.S. as a non-immigrant worker on an H-1B visa.

Planning for additional wait times

Initial Registration Phase:

This phase typically occurs in March and lasts for about three weeks. During this time, employers submit basic information about prospective H1B workers through the USCIS online portal. It's important to provide accurate and complete information to avoid disqualification. If the number of registrations exceeds the available visas, a random lottery system is used to select applicants.

Lottery Selection Phase:

The lottery usually takes place in late March or early April, shortly after the initial registration period closes. Due to high demand, this phase is crucial for planning. USCIS notifies selected applicants through their online accounts, allowing them to proceed to the next step.

Full H1B Petition Submission:

For those selected in the lottery, the next step is to submit a full petition. The filing window typically opens from April 1st, and applicants have 90 days to submit. This stage involves gathering and submitting all supporting documentation, including evidence of the job offer, the beneficiary's qualifications, and a certified Labor Condition Application (LCA). The LCA assures working conditions and confirms salary equivalence for the H1B role.

Labor Condition Application (LCA):

The LCA is a critical part of the full petition stage. The processing time for an LCA can vary depending on whether it's the employer's first time filing. It could take up to two weeks for new employers, while previously filed LCAs may only take about a week. It is recommended that employers file their LCAs no later than early March to ensure they are ready when the H1B visa window opens.

Petition Processing:

Once the full petition is submitted, USCIS will review the application, and this process can take several months under regular processing. To expedite the process, premium processing is available for an additional fee, which guarantees a response within 15 calendar days.

Approval and Issuance of the Visa:

If the petition is approved, USCIS will notify the employer and beneficiary. The beneficiary can then apply for a visa at a U.S. consulate or embassy if they are outside the United States. It is important to note that the visa issuance process times may vary depending on the relevant embassy or consulate.

Standard Processing Times:

The regular processing time for an H1B visa can vary significantly and is influenced by several factors. On average, each phase of the process has its own timeline. From the initial registration in March to the lottery results, the process can take up to two months. After the lottery, selected applicants have 90 days to file a full petition, and the regular processing time for this stage is about 3 to 6 months.

Premium Processing:

Premium processing is a valuable option for those who require a faster decision. While it involves an additional cost, it offers expedited processing, certainty, and priority handling. The timeline for premium processing is straightforward: USCIS guarantees a response within 15 calendar days, including weekends and holidays.

Key Factors Affecting Processing Time:

Several key factors can influence the processing time for an H1B visa. These include the type of processing (regular vs. premium), the specific USCIS service center handling the petition, the completeness and accuracy of the application, and any Requests for Evidence (RFEs) that may be issued. RFEs can add significant delays to the overall processing time, so prompt and thorough responses are critical.

When planning for additional wait times, it is important to consider the competitiveness and uncertainty of the H1B visa route. Processing times can vary, and it is recommended to check the specific timeframes of the embassy or consulate branch that will be processing your application.

Frequently asked questions