Thinking About Traveling Internationally? What Foreign Nationals Should Know Before Leaving the U.S. 

As we head into the holiday season, many foreign nationals living and working in the United States are considering international travel. Before making plans, it’s important to understand that international travel can still carry significant risks — especially for those with pending immigration applications or visa renewals.

If travel is not absolutely necessary, we strongly recommend postponing international trips whenever possible. Even short trips can lead to unexpected delays or complications when trying to return to the U.S. If you have to travel, please ensure the following:

1. Make Sure Your Passport and Visa Are Valid

Check that your passport will be valid for at least six months beyond your planned return date.

Also, review your visa stamp — if it’s expired or will expire soon, you may need to schedule a consular appointment before coming back. Visa appointments can still be hard to get in some locations, and administrative processing delays can last weeks or even months.

2. Bring Original Immigration Documents

If you do travel, carry original versions (not just copies) of important documents, such as:

• Form I-797 Approval Notice (for H-1B, L-1, O-1, etc.)
• Employment verification letter and recent pay statements
• Valid I-20 (for F-1 students) or DS-2019 (for J-1 exchange visitors), endorsed for travel

These documents help confirm your eligibility to reenter the United States in your current status.

3. Check Processing Times and Entry Rules

Consular processing and U.S. entry rules can change quickly. Before traveling, check the U.S. consulate website where you plan to apply for your visa, as well as the Department of State and CBP sites for any new requirements or restrictions. You should be booking visa appointments as far in advance as possible, and during the holiday season, you should expect additional delays, so prepare accordingly.

4. Special Note for Green Card Applicants

If you have a pending Adjustment of Status (Form I-485) application, do not travel internationally unless you have a valid Advance Parole or another visa that permits reentry. Departing without proper authorization will be treated as abandoning your green card application.

5. Certain countries banned from entry into the United States

Visa issuance ban for entry into the United States for nationals of the following 12 countries: Afghanistan, Burma, Chad, the Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen.

For nationals of the following countries, the proclamation suspends immigrant visa issuance, as well as nonimmigrant visa issuance in only the B, F, M, and J visa classifications for temporary visitors, students, and exchange visitors: Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela.

6. Reentry and I-94 Review

Upon returning to the U.S., you’ll go through inspection with Customs and Border Protection (CBP). Be prepared to present your documents and answer questions about your employment and the purpose of your travel. After you reenter, always check your I-94 record online to make sure your class of admission and expiration date are correct. All persons, baggage, and merchandise are subject to inspection by CBP. On certain occasions, CBP can search electronic devices (including cell phones, laptops, and cameras). According to the CBP,  border searches of electronic devices are often integral to determining an individual’s intentions upon entry to the United States and thus provide additional information relevant to the admissibility of foreign nationals under U.S. immigration laws.

Given the current uncertainties around visa processing and reentry procedures, foreign nationals should avoid international travel unless absolutely necessary. If you must travel, plan ahead, confirm document validity, and check with immigration counsel before you leave the United States.

About the authors:

Scott Bettridge currently serves as the chair of Cozen O’Connor’s Immigration Practice and represents both corporate and individual clients in all aspects related to U.S. immigration law. Scott’s corporate clients include major global organizations in the financial services, hospitality, fashion, media, IT, energy, agriculture, insurance, and health care sectors, along with organizations specializing in professional services and private club industries.

David S. Adams focuses his practice on corporate immigration law. He has experience advising multinational corporate clients, including dozens of Fortune 500 companies on a variety of immigrant and nonimmigrant visas, PERM, permanent residency, and consular processing issues. David provides enterprise-wide advisory services to support corporate clients on a programmatic level and works alongside clients’ legal departments, mobility groups, HR, talent acquisition, and business stakeholders to help them understand policy changes, assess the impact of these changes to their workforce, and modify their immigration program accordingly.

This article originally appeared on HospitalityLawyer.com.