Holiday Travel Pointers the Holiday Travel Season Is Upon Us

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Holiday Travel Pointers

The holiday travel season is upon us. Government agencies are often busy this time of the year and getting new and renewal travel documents can take longer than at other times of the year. Make sure that you and your employees have or can obtain the proper documents before undertaking international travel. Hopefully the traveler will be able to enjoy the trip and not be the person unfortunately stuck at the airport in the U.S. not able to board a plane to leave, be placed in limbo in a transiting country, or have to delay a return to the U.S. because of issues with travel documents. Planning early for international travel can help to avoid these problems.

All travelers should check to make sure that their passports are not expired, and, in fact, will be valid for at least 6 months after travel. Many destination countries require passport validity of at least 6 months (and in some cases, longer) for entry. Note that many countries issuing passports allow for renewal as early as a year before the expiration date.

In order to re-enter the U.S. after international travel, U.S. citizens will need valid unexpired U.S. passports (with narrow exceptions involving re-entry at land borders). Information about applying for and renewing U.S. passports, including expedite options, can be found at U.S. Passport Application Information. A green card holder (permanent resident) should have a valid unexpired passport issued by his/her home country and a valid unexpired green card. Green cards valid for 10 years can be renewed within 6 months of expiration. See 10-year green card renewal application information. For assistance with green card renewal, obtaining a temporary green card stamp based on a pending renewal, or applications for a U.S. re-entry permit for those green card holders unable to obtain a passport from their home country, contact your CML attorney. Renewal of expiring 2-year conditional green cards is more complicated and you should contact your CML attorney to discuss.

For those on temporary U.S. work visas (such as H-1B, O-1, TN, and L-1) to re-enter the U.S. after international travel, they should have a passport ideally valid at least 6 months past the end of the authorized period of employment in the U.S.; a valid unexpired visa stamp issued by a U.S. Consulate abroad in a passport; a complete copy of the original work visa application/petition; and recent pay check stubs or a recent letter from the current employer verifying employment. The visa stamp requirement is waived for Canadian citizens. In addition, H-1B, O-1, L-1 (non-blanket), and some TN workers should have the original valid unexpired I- 797 approval notice for the petition filed by the current employer. L-1 workers sponsored under a blanket L-1 approval should also have a valid unexpired endorsed I-129S form. Canadian TN workers who submitted a TN application at a port of entry will not have an I-797 approval notice. These workers must have the initial TN I-94 record and entry/admission stamp

Page 2 from their passports. Should you have questions about particular document requirements, please contact your CML attorney.

If foreign national workers need to apply for a visa stamp at a U.S. Consulate during their trip before returning to the U.S., they should make an appointment with the Consulate well ahead of their trip as the Consulates are quite busy this time of year. We also recommend scheduling the appointment to fall in the early part of the trip, in case there are delays at the Consulate, to decrease the chances of having to delay return trips to the U.S. It is best to check with CML and the website of the particular U.S. Consulate to determine the documents required for the visa application. Normally, the Department of State expects foreign nationals to apply for U.S. visa stamps at a U.S. Consulate in the country where they have citizenship or residence permission, but in some cases, U.S. Consulates will accept third-country nationals. See U.S. Consulates/Embassies to find the website of U.S. Consulates and Embassies.

Foreign nationals traveling to their home countries should check with the consulate of the home country regarding entry and visa requirements, particularly for accompanying family members who are not citizens of that country.

For anyone (U.S. citizens, green card holders, and work visa holders) travelling to or transiting through a third country (other than the U.S. or their home country), we recommend contacting the consulate of that country to check on entry and visa requirements. This is advisable even if you have traveled to or through that country previously because document requirements change over time.