As we enter the holiday season, employees are likely to travel, both within the U.S. and abroad. Foreign employees need to be especially careful when traveling during the holiday season, especially in light of the current scrutiny being given to immigrants in the U.S.

We recommend the following guidelines when discussing travel with your temporary and immigrant visa holders:

Travel within the U.S.
A foreign employee with a valid visa is free to travel within the 50 United States without needing any additional government permissions. VisaNow.com recommends that any foreign employee traveling in the U.S. always have the following in their possession:

• The approval notice for the current, valid visa.

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• A passport that is valid for at least another six months.

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• A form of state-issued identification, such as a driver´s license, if possible.

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• A receipt notice if an application, such as an adjustment to permanent residence, or a visa renewal is pending.

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• The name, address, phone number, and a contact name of the employer.

Travel outside the U.S.
If the foreign employee is traveling internationally, the following guidelines should be observed:

1. If the employee holds an H or L visa that is valid past the date of their return to the U.S., they may travel without having to file additional documents.

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3. If the employee holds any other non-immigrant visa that is valid past the date of their return to the U.S., and they do not have a permanent residency application (I-485) pending, they also may travel without having to file additional documents.

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5. If the employee has a permanent residency application (I-485) pending, then they must request Advance Parole via the filing and approval of an I-131 application.

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7. If the employee is a legal permanent resident, they may travel without having to file additional documents as long as the intended trip is under six months in length.

I-131 approval results in the issuance of an I-512, Advance Parole, which allows the holder to leave and re-enter the U.S. on a pre-determined itinerary. I-131s are typically taking several months to process, so applications based on intended holiday travel should be made as soon as possible.

Foreign employees traveling abroad should also carry all of the documentation mentioned above for travel within the U.S. Regardless of the employee´s immigration status, you should post a message in your VisaNow.com account or contact your VisaNow.com Account Executive before travel commences to ensure that the employee has everything they need.

Whether traveling within the U.S. or abroad, let your foreign employees know that security and scrutiny of all travelers will again be high this holiday season. They should be patient and prepare for, but not expect, delays and extra attention from authorities.