Travel Plans With A Work Permit: Interstate Movement

If you are a non-citizen who wants to work in the United States, you must first obtain the right visa. There are 11 temporary worker visa categories, and most applicants for temporary worker visas must have an approved petition. This petition must be filed by a prospective employer on behalf of the applicant. The type of visa you need depends on the nature of your employment. For example, if you are a specialty occupation worker, you will need an H-1B visa, while a temporary agricultural worker will require an H-2A visa. Obtaining a visa does not guarantee entry into the US, and you must still receive permission from US Customs and Border Protection to enter the country. If you are already in the US on a non-immigrant visa and want to work, you may apply for a change of status to a non-immigrant classification that provides employment authorization. Alternatively, you can apply for an adjustment of status to become a lawful permanent resident.

Travel outside the US while waiting for a green card

If you are waiting for a green card, it is generally advised that you avoid travelling outside the US until you have received a decision. U.S. Citizenship and Immigration Services (USCIS) considers leaving the country while your application is still under review as abandoning it, which could result in immediate denial.

If travel abroad is unavoidable, you can apply for a travel permit, known as "advance parole", which will allow you to re-enter the US as long as it is still valid at the time of your re-entry. You cannot travel outside the US until your travel permit has been approved.

To request travel documents, you must file Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records. This includes an advance parole document, a refugee travel document, and Temporary Protected Status travel authorization.

If you are outside the US and need to return but do not have your re-entry permit, Green Card, or advance parole document because it was lost, stolen, or destroyed, you will need to file Form I-131A, Application for Carrier Documentation.

When seeking to enter the US after temporary travel abroad, you will need to present a valid, unexpired Green Card (Form I-551, Permanent Resident Card). A U.S. Customs and Border Protection Officer will review your permanent resident card and any other identity documents you present, such as a passport, foreign national ID card, or U.S. driver's license, and determine if you can enter the US.

If you plan on being absent from the US for longer than a year, it is advisable to first apply for a re-entry permit on Form I-131. Obtaining a re-entry permit prior to leaving the US allows a permanent or conditional permanent resident to apply for admission into the US during the permit's validity without needing to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. Please note that this does not guarantee entry into the US upon your return, as you must first be determined to be admissible.

Absences from the US of six months or more may disrupt the continuous residency required for naturalization. If your absence is one year or longer, and you wish to preserve your continuous residency in the US for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470.

Travel restrictions and renewing your travel document

If you are a non-citizen of the United States and want to work in the country, you will need to apply for a visa from the U.S. Department of State (DOS), unless a visa is not required for people from your country of nationality.

There are 11 temporary worker visa categories. Most applicants for temporary worker visas must have an approved petition. The prospective employer must file the petition on behalf of the applicant. U.S. Citizenship and Immigration Services (USCIS) reviews the petition.

The process for applying for a visa includes:

• Completing the Online Nonimmigrant Visa Application, Form DS-160.
• Scheduling an interview at a U.S. Embassy or Consulate.
• Paying the non-refundable visa application fee.
• Gathering required documentation, including a passport, visa application confirmation, application fee payment receipt, and petition receipt number.
• Attending the visa interview.

If your visa is approved, you may also need to pay a visa issuance fee. A visa allows a foreign citizen to travel to a U.S. port-of-entry and request permission to enter the United States. However, a visa does not guarantee entry.

If you are in the United States in a lawful nonimmigrant status that does not provide employment authorization, you may be able to apply for a change of status to a nonimmigrant classification that does provide employment authorization. You can do this by filing Form I-765, Application for Employment Authorization, to request employment authorization and an Employment Authorization Document (EAD).

To renew your EAD, you will need to use Form I-765 and provide supporting documents. You should apply for a renewal as soon as possible because it can take 90 days or more for USCIS to process your application.

Supporting documents include:

• A copy of your previous EAD.
• Copies of the supporting documents you used to get your previous EAD.
• A copy of your passport or other travel documents.
• Two passport-style photos.

Returning to the US with a travel document

If you are a non-citizen of the United States, you will need a valid entry document to return to the country after travelling abroad. This could be a Permanent Resident Card (Green Card) or a nonimmigrant visa. Alternatively, you can use a valid and unexpired travel document. The type of document you need depends on your immigration status, including whether you are a lawful permanent resident, or if you have a pending immigration benefit request.

You will generally need to apply for and obtain a travel document before leaving the US. If you have an urgent need to travel, you can find more information on the Expedite Request and Emergency Travel pages. You can file Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records, to request travel documents. This includes an advance parole document for noncitizens seeking to return to the US after temporary travel abroad, a refugee travel document, or a Temporary Protected Status travel authorization.

If you are already outside the US and need to return, but do not have the required documents, you can file Form I-131A, Application for Carrier Documentation. However, admission or parole into the US is not guaranteed, even with the appropriate documents. You will still be subject to immigration inspection or examination at a port of entry, where a US Customs and Border Protection (CBP) officer will determine whether you may be admitted or paroled into the country, and whether you are eligible for the immigration status you are seeking.

If you are a nonimmigrant visa holder, you may be able to work in the US temporarily with a work permit (Employment Authorization Document or EAD). Lawful or conditional permanent residents and nonimmigrants authorized to work for a specific employer may not need a work permit. To apply for a work permit, file an Application for Employment Authorization (Form I-765), review the instructions, and pay the filing fee. Depending on your immigration category, your EAD work permit will be valid for one or two years.

Applying for a visa

To work in the United States as a non-citizen, you will need to apply for a visa. The type of visa you need will depend on your individual circumstances, including your skills, education, and work experience.

Temporary Work Visa

If you want to work in the US for a fixed period, you can apply for a temporary employment visa. There are 11 categories of temporary worker visas, and most applicants will need an approved petition from a prospective employer before they can apply.

The prospective employer must file the petition on the applicant's behalf, and it will be reviewed by the US Citizenship and Immigration Services (USCIS). Once the petition is approved, the prospective employee can apply for their visa.

Employment-Based Immigrant Visa

If you have the right combination of skills, education, and/or work experience, you may be able to live and work in the US permanently by seeking an employment-based immigrant visa. There are five categories of immigrant visas for permanent workers, including EB-2 and EB-3 visas for professionals with advanced degrees and skilled workers.

Some categories require a job offer from a US employer (sponsor) before submitting your application, and some require the employer to file an application with the USCIS and obtain a labor certification from the Department of Labor (DOL).

Application Process

The application process for a US visa will vary depending on the type of visa and your specific circumstances. However, there are several standard steps that you can expect to follow:

• Complete the online visa application form (Form DS-160) and print the confirmation page to bring to your interview.
• Schedule an interview at a US Embassy or Consulate. Wait times for interview appointments vary by location, season, and visa category, so it is recommended to apply early.
• Gather the required documentation, including a valid passport, confirmation page of the Nonimmigrant Visa Application (Form DS-160), application fee payment receipt, and photo.
• Attend the visa interview with a consular officer, who will determine your eligibility for the visa.
• After the interview, your application may need further administrative processing. If your visa is approved, you may need to pay a visa issuance fee, and your passport with the visa will be returned to you.

Temporary worker visas

To obtain a temporary worker visa in the United States, a citizen of a foreign country must first get the right visa. If the employment is for a fixed period, the applicant can apply for a temporary employment visa. There are 11 temporary worker visa categories, each with its own requirements and application processes. Most applicants for temporary worker visas must have an approved petition, which must be filed by their prospective employer on their behalf. The U.S. Citizenship and Immigration Services (USCIS) reviews the petition.

• H-1B: Person in Specialty Occupation. This visa is for applicants working in a specialty occupation. Applicants must have at least a bachelor's degree or equivalent experience in the specialty occupation. This includes fashion models, physicians, and DOD project participants.
• H-2A: Temporary Agricultural Worker. This visa is for applicants performing temporary or seasonal agricultural work. Only citizens or nationals of designated countries are eligible for this visa, with limited exceptions.
• L: Intracompany Transferee. This visa is for applicants working in a managerial or executive capacity or in a position requiring specialized knowledge. The petitioner must be a branch, parent, affiliate, or subsidiary of the applicant's current employer. Applicants must have worked for the same employer abroad for one year within the three preceding years.
• O: Individual with Extraordinary Ability or Achievement. This visa is for applicants with extraordinary abilities or achievements in the fields of science, art, education, business, or athletics. It is also for applicants who are internationally recognized in the motion picture and television fields. This category includes persons assisting the above individuals.
• P-1: Individual or Team Athlete, or Member of an Entertainment Group. This visa is for applicants who are recognized athletes or members of an entertainment/sports group. They must perform at a specific athletic competition or entertainment performance. This includes persons providing essential services in support of the above individuals.
• Q-1: Participant in an International Cultural Exchange Program. This visa is for applicants participating in an international cultural exchange program. The program can be for cultural labour and training or to share the history, culture, and traditions of the applicant's home country.

It is important to note that some temporary worker categories have limits on the total number of petitions approved yearly. Before applying for a temporary worker visa, the USCIS must first approve the Petition for a Nonimmigrant Worker, Form I-129. Once approved, the applicant can proceed with the visa application process, which includes several steps such as completing the online visa application, gathering required documentation, and attending a visa interview.

Frequently asked questions