Online I-94 Application Now Available for Travelers at Land Ports of Entry

From GreenbergTraurig, 10/12/2016

On Sept. 29, 2016, U.S. Customs and Border Protection (CBP) announced that it has enhanced the I-94 website for travelers arriving to the United States at land ports of entry.  Travelers now can apply and pay the $6 fee for their I-94 card online up to seven days prior to their entry.

An I-94 form is needed by all persons except U.S. Citizens, returning resident aliens, aliens with immigrant visas, and most Canadian citizens visiting or in transit.  Air and sea travelers will continue to be issued I-94 records during the admission process at the port of entry.  However, for those travelers seeking admission to the United States at a land port of entry, taking advantage of this new enhancement will quicken and simplify the admission process.

The application requires travelers to submit their biographic and travel information; in return, they will receive a provisional I-94 card after submitting the application and payment of the fee online.  The application collects the information that would otherwise be collected during the in-person inspection at the land port of entry, including name, date of birth, country of citizenship, passport details, visa details (if applicable), and petition/SEVIS number (if applicable).  To finalize the I-94 issuance process and admission, the traveler must present him or herself at the land port of entry within seven (7) days of the application, submit biometrics, and be inspected by a CBP officer.  Travelers always should be prepared to show evidence of their residence, employment and/or travel plans to the inspecting CBP officer, depending on the category of nonimmigrant admission being sought.

CBP expects for the new online I-94 application process to increase efficiencies during inspection and admission, decrease paper usage, and streamline the process at the land border, thereby reducing operating costs.  The secure website is easy to use and payment can be made via credit card, debit card, direct debit, or through PayPal.

CBP Launches Border Wait Time App

From www.cbp.gov, 12/16/2014

Planning Your Trip Across the Border Just Got Easier

U.S. Customs and Border Protection (CBP) today launched the Border Wait Time app making it easier for travelers to plan their trip across the border. The app provides estimated wait times and open lane status at land ports of entry allowing travelers to make an informed decision of where and when to cross the border. Wait times for pedestrian and passenger and commercial vehicle crossings are broken down by lane type (standard, SENTRI, NEXUS, FAST, Ready Lane, etc.). Travelers can download the app for free from Apple’s App Store and Google Play.

“CBP continues to deploy technology that enhances the travel experience at all of our ports of entry,” said Commissioner R. Gil Kerlikowske. “The launch of this app will provide travelers crossing the land border with more information when and where they need it.”

The app is a one-stop shop for cross border travel. Travelers can locate the three ports of entry closest to their location and then map the best route to the crossing of their choice. For example, the app allows travelers in the Buffalo, New York area to compare wait times at the Peace Bridge, Rainbow Bridge and Lewiston Queenston Bridge and will then direct them to whichever crossing they chose.

The app was developed by CBP and does not require individuals to register or provide any personal information. CBP does not store or have access to any information regarding travelers using the app.

The Border Wait Time app is just one example of CBP’s effort to create a traveler-friendly processing environment. CBP has deployed Automated Passport Control (APC) kiosks to more than 25 airports, including most recently at preclearance locations in Edmonton, Canada and Aruba. Much like APC, CBP launched Mobile Passport Control, the first authorized app to expedite a traveler’s entry into the United States, at Hartsfield-Jackson Atlanta International Airport this summer. CBP has also enrolled more than three million travelers in trusted traveler programs such as Global Entry, NEXUS and SENTRI. These programs allow CBP officers to process travelers safely and efficiently while enhancing security and reducing operational costs.

Holiday Travel Planning for Foreign Nationals

From Fragomen.com, 11/13/2014

If you are a foreign national planning to travel abroad during the upcoming holiday season, now is the right time to make sure you are prepared, from an immigration perspective, to depart and reenter the United States. Understanding your immigration obligations can help minimize delays on reentry. 

WHAT INTERNATIONAL TRAVELERS SHOULD DO NOW 

Before you travel abroad this holiday season, make sure to do the following: 

Check your passport validity. In general, your passport must be valid for at least six months beyond the expiration of your period of admission to the United States. This is to ensure that you will be able to leave the United States at the end of your stay and proceed to your home country or another country. There are some exceptions to this rule. Many countries have an agreement with the United States under which a passport is deemed valid for an additional six months past its expiration date so that the passport holder can return to his or her country of citizenship. 

Check your visa to make sure it is valid for reentry to the United States. When you come back to the United States after international travel, the visa stamp in your passport must reflect your current nonimmigrant visa status, it must be unexpired, and, if the visa has a limited number of entries, it must have a remaining valid entry available on the intended date of reentry to the United States. 

Under certain circumstances, if you are making a short trip of 30 days or less to Canada or Mexico and have a valid I-94 arrival record, you can reenter on a previously issued visa even if it has expired. But if you have applied for a new visa while in Canada or Mexico or if you are a citizen or national of Cuba, Iran, Sudan or Syria, you must wait to obtain the new visa in order to reenter the United States. 

For additional information on visa requirements, click here. 

If you are an adjustment applicant, find out whether you need advance permission to travel before you leave the United States. If you are an applicant for adjustment of status to permanent residence, you may be required to obtain advance permission to travel – known as advance parole – in order to leave the United States while your adjustment application is pending. 

If you already have a valid H-1B or H-4 visa, you may reenter the United States on that visa, without the need for advance parole. Family members in H-4 status who have worked in the United States should be cautious when traveling, however, and obtain and use an advance parole for reentry to the United States. 

Is a change or extension of your status pending with U.S. Citizenship and Immigration Services? Traveling abroad while your extension application is pending should not jeopardize your application. But if you have a change of status application pending, you should avoid international travel until it is adjudicated. USCIS will consider the change of status request to be abandoned if you depart the United States while it is pending. Though the underlying nonimmigrant petition could still be approved, you would need to depart the United States, apply for and obtain a new visa, and reenter to take up the new status. Find out additional information here. 

If you’re planning business or tourist travel to the United States under the Visa Waiver Program, make sure you comply with program requirements. The Visa Waiver Program (VWP) allows citizens and nationals of designated countries to enter the United States for up to 90 days of business or tourist travel without a visa, provided that they meet specific registration and passport requirements. If you’re planning to travel under the VWP, you will need to have a valid registration in the Electronic System for Travel Authorization (ESTA) at least 72 hours before your departure for the United States. Find out more about VWP passport and ESTA requirements here. 


WHAT TO EXPECT AT U.S. CONSULATES AND U.S. PORTS OF ENTRY 

Plan for the possibility of visa issuance delays at U.S. consulates. During the holiday travel season, U.S. consulates overseas are busier than ever and may have reduced hours. If you will apply for a new visa while abroad, check the relevant consulate or embassy for specific information about appointments, application procedures and processing times. Detailed information about visa application procedures is available here. 

Plan for possible security clearance delays during the visa application process. The U.S. consulate may require your visa application to undergo additional security checks based on your country of nationality, whether your name is similar to an individual listed in a U.S. government security database, whether your job or degree is in a high-technology field, among other reasons. If a security clearance is required, your visa cannot be issued until the clearance has been completed. Because this process is confidential, the consulate will not confirm that a security clearance is underway but may indicate that “administrative processing” is required. Security clearances can take anywhere from a few days to several weeks or more. In general, the government will not expedite a security clearance. 

At the U.S. port of entry, be prepared for security screening procedures. When you return to the United States, you will need to go through the Biometric Data Collection System (formerly known as US-VISIT), a check-in process where your fingerprints, photograph and travel documents are scanned against U.S. national security and police databases. You may also be subject to intensive questioning about your immigration status, travel history, the purpose of your visit, background, employment and other issues. 

It is important to remain patient during these procedures and answer all questions clearly. If you don’t understand a question, ask for clarification. I For detailed information about border procedures, click here. 

Obtain your Form I-94 arrival record. Once you have been cleared by U.S. Customs and Border Protection at an air or sea port of entry, your passport will be stamped to show the date and class of admission, and the expiration date of your authorized stay. Your immigration information and duration of stay will also be entered into CBP’s online I-94 arrival record system. The expiration date on the passport stamp and on the I-94 record marks the expiration of your eligibility to remain in valid legal status in the U.S. 

After your arrival in the United States, it is recommended that you check your online I-94 here. Retain a copy for your records. Notify Customs and Border Protection as soon as possible if you note any errors in your I-94 record. 

U.S., China to extend visa validity to boost trade, tourism

From Reuters, 11/10/2014

China and the United States have agreed to significantly extend the terms of short-term visas, U.S. President Barack Obama said on Monday in Beijing, a deal he said would improve trade and business ties between the world's two largest economies.

Under the deal, which the United States will put into effect on Nov. 12, both countries would extend the terms of multiple entry short-term tourist and business visas to 10 years from one year, the White House said in an accompanying statement. Student visas would be extended to five years from one year.

"As a result of this arrangement, the United States hopes to welcome a growing share of eligible Chinese travelers, inject billions (of dollars) in the U.S. economy and create enough demand to support hundreds of thousands of additional U.S. jobs," the White House said in an emailed statement.

Obama made the announcement to business leaders during the Asia-Pacific Economic Cooperation forum after arriving in Beijing on the first leg of an eight-day Asia tour.

The extension of some visas for Chinese nationals to 10 years matches what is currently allowed for citizens of nations with close relations with the United States, such as European countries and Brazil.

A senior U.S. official said the visa agreement would allow the United States to tap into the fast-growing market of Chinese tourists traveling abroad. The United States now attracts only 2 percent of Chinese tourism.

"We see this as a really big win," the official said, estimating that the United States could gain 440,000 jobs by 2021 and receive an $85 billion annual infusion into the American economy as a result of the new policy.

It will also make it easier for Chinese businesses and investors to get involved in U.S. projects.

A second U.S. official said the political benefit of greater contact between Americans and Chinese would "get to some of the core sources of distrust and competition at the heart of the U.S.-China relationship".

Chinese travelers have long complained about extensive waiting times for pending U.S. visa applications, although the United States says it has made significant improvements.

Visa Waiver Travelers to Face Additional Security Screenings

From MorganLewis.com, 11/03/2014

The U.S. Department of Homeland Security will tighten screening measures on travelers who use the Visa Waiver Program in response to concerns over Islamist militants who hold U.S. or European passports.

U.S. Customs and Border Protection (CBP) announced[1] on November 3 that it is putting in place additional security measures for travelers to the United States who use the Visa Waiver Program (VWP). Visa Waiver is available to citizens of principally Western European countries and enables such citizens to travel to the United States as visitors without first securing a visa from a U.S. consulate abroad. Under these new measures, those seeking to travel to the United States from countries in the VWP will be required to provide additional data fields of information in the travel application submitted via the Electronic System for Travel Authorization (ESTA). The new information sought includes additional passport data, contact information, and other potential names or aliases. These additional security measures are a response to growing concerns that foreign fighters who joined Islamist militants in Syria and Iraq may seek to travel to the United States. According to CBP, many of these individuals may possess valid European and U.S. passports or travel documents and pose a potential threat for committing terrorist attacks in Europe or the United States.

What does this mean for travelers?

Travelers who use the Visa Waiver Program to enter the United States as visitors will need to submit additional pretravel clearance information via the ESTA system. ESTA is an automated system that determines the eligibility of visitors to travel to the United States under the VWP. The additional questions that VWP travelers will be required to answer encompass the following:

• Other names/aliases or other citizenships
• Parents’ name(s)
• National identification number (if applicable)
• Contact information (email, phone, points of contact)
• Employment information (if applicable)
• City of birth

Individuals with a current and valid ESTA clearance do not need to reapply. However, upon the expiration of that ESTA clearance or expiration of the individual’s VWP-country passport, a new ESTA clearance with the new data fields will be required for any future travel under the VWP.

As a result of these new clearance questions, it is possible that individuals who have passports from more than one country will require manual adjudication of ESTA clearance requests, leading to delay of ESTA processing. Similarly, an individual’s answers to the questions may, in some instances, lead to denial of ESTA clearance, which will require that those individuals apply for a visa at a U.S. consulate before they are eligible to travel to the United States as a visitor.

What should you do?

Travelers who use the VWP should apply for ESTA clearance at the earliest opportunity and should be prepared for an increased possibility that there will be a delay or a denial of ESTA clearance. In the event that ESTA clearance is denied, the individual will be required to apply for an actual visa at a U.S. consulate.

CBP Releases Mobile Application, Allowing Some Travelers to Bypass Customs Line

U.S. Customs and Border Protection (CBP) has released a mobile application called “Mobile Passport” that allows frequent traveler to bypass customs lines.  The app is currently available for iPhones and will soon be available for Android devices.

The app is currently available for use in Hartsfield–Jackson Atlanta International Airport.

To use the app, users will need to download the app, enter passport information, answer a few questions and submit the answers to CBP.  Once approved, users will be able to use designated “mobile passport control” lines to skip general customs lines.

Potential Implications for Travel Because of Ebola in Parts of West Africa

From Travel.State.gov, 08/28/2014

The Department of State alerts U.S. citizens to screening procedures, travel restrictions, and reduced aviation transportation options in response to the outbreak of Ebola Virus Disease in Guinea, Liberia, Nigeria, and Sierra Leone.   

This Travel Alert will expire on February 27, 2015.

Due to an outbreak of Ebola Virus Disease (EVD) in the West African nations of Liberia, Guinea, and Sierra Leone, the Centers for Disease Control and Prevention (CDC) issued  Level 3 Travel Warnings for those three countries advising against non-essential travel and provided guidance to reduce the potential for spread of EVD.  The CDC also issued a Level 2 Travel Alert for Nigeria to notify travelers of the Ebola outbreak in that country.  The Bureau of Consular Affairs’ website prominently features an Ebola Fact Sheet and links to the CDC Health Travel Warnings, Travel Alert, and general guidance about Ebola.

The World Health Organization (WHO) and CDC have also published and provided interim guidance to public health authorities, airlines, and other partners in West Africa for evaluating risk of exposure of persons coming from countries affected by EVD.  Measures can include screening, medical evaluation, movement restrictions up to 21 days, and infection control precautions.  Travelers who exhibit symptoms indicative of possible Ebola infection may be prevented from boarding and restricted from traveling for the 21-day period.  Please note neither the Department of State’s Bureau of Consular Affairs nor the U.S. Embassy have authority over quarantine issues and cannot prevent a U.S. citizen from being quarantined should local health authorities require it.  For questions about quarantine, please visit the CDC website that addresses quarantine and isolation issues.

The cost for a medical evacuation is very expensive.  We encourage U.S. citizens travelling to Ebola-affected countries to purchase travel insurance that includes medical evacuation for Ebola Virus Disease (EVD).  Policy holders should confirm the availability of medical care and evacuation services at their travel destinations prior to travel. 

Some local, regional, and international air carriers have curtailed or temporarily suspended service to or from Ebola-affected countries.  U.S. citizens planning travel to or from these countries, in accordance with the CDC Health Travel Warnings and Health Travel Alert, should contact their airline to verify seat availability, confirm departure schedules, inquire about screening procedures, and be aware of other airline options. 

The Department is aware that some countries have put in place procedures relating to the travel of individuals from the affected countries, including complete travel bans.  Changes to existing procedures may occur with little or no notice.  Please consult your airline or the embassy of your destination country for additional information. 

We strongly recommend that U.S. citizens traveling or residing abroad enroll in the Department of State’s Smart Traveler Enrollment Program (STEP).  STEP enrollment allows you to receive the Department’s safety and security updates, and makes it easier for the nearest U.S. embassy or U.S. consulate to contact you in an emergency.  If you do not have Internet access, enroll directly with the nearest U.S. embassy or consulate.

Regularly monitor the State Department’s website, where you can find current Travel Warning and Travel Alerts, and the Worldwide Caution, and read the Country Specific Information for your destination countries.  For additional information, refer to the "Traveler's Checklist" on the State Department's website.  Current information on safety and security can also be obtained by calling 1-888-407-4747 toll-free from within the United States and Canada, or 1-202-501-4444 from other countries.  These numbers are available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays).

Consular Consolidated Database: Updates on Operational Status

From travel.state.gov

We have made significant progress and issued most of the worldwide backlog of nonimmigrant visa cases. We are working to bring the Consular Consolidated Database back to full operational capacity. We continue to prioritize immigrant visas, adoption cases, and emergency nonimmigrant visa cases. We are printing visas for these cases and all cases with very few delays. Please check with the embassy or consulate where you will apply for additional information. Please see our FAQs for more information.

State Department Announces Longer Delay in Visa Processing Times

From OgletreeDeakins, 07/31/2014

Last week, the U.S. Department of State’s (DOS) visa processing database, which controls the issuance of visas and passports at the U.S. consulates abroad, experienced system performance issues (including outages) leading to worldwide delays in visa issuances for individuals seeking entry into the United States. The malfunction in the Consular Consolidated Database stalled the processing of U.S. visas for foreign nationals at consulates around the world, and was not limited to one consulate or country.

Although the consular database is back online, travelers should expect lengthy delays in obtaining U.S. visas. As confirmed by DOS officials, consular systems are not fully operational and priority is being given to immigrant visa cases over nonimmigrant visa issuances, which are further delayed as a result of backlogs that have lengthened visa wait times. In a July 30 update, DOS acknowledged that it anticipates that “it will take weeks to resume full visa processing capacity.” Visa applicants will be notified by the consulate when their passports and visas are ready to be collected.

TCN Visa Processing in Canada “Extremely Limited” Over the Summer

U.S. visa processing posts in Canada are urging third-country national (TCN) applicants to seek appointments at other U.S. Embassies and Consulates, such as those located in the applicants’ home countries. A TCN is an individual who applies for a visa at a U.S. Embassy or Consulate in a country where the individual is not a citizen or national.

The U.S. Department of State has reported that, as a result of heavy demand by Canada-based visa applicants during June, July, and August, the seven Canadian posts are extremely limited in their ability to accept TCN cases during these peak demand months. Canadian posts will offer increased appointment availability for TCNs during non-peak processing times, namely October and November, and January through May. In the event of emergency cases during the peak demand period, applicants may seek consideration for scheduling an interview at a Canadian post by visiting canada.usembassy.gov.

Global Visa Delays Follow Technical Difficulties with State Department System

From OgletreeDeakins, 07/29/2014

Last week, the U.S. Department of State’s visa processing database, which controls the issuance of visas and passports at the U.S. consulates abroad, experienced system performance issues (including outages) leading to worldwide delays in visa issuances for individuals seeking entry into the United States. The malfunction in the Consular Consolidated Database stalled the processing of U.S. visas for foreign nationals at consulates around the world, and was not limited to one consulate or country.

Although the consular database is back online, travelers should anticipate delays in obtaining U.S. visas. As confirmed by Department of State officials, consular systems are not fully operational and priority is being given to immigrant visa cases over nonimmigrant visa issuances, which are further delayed as a result of backlogs that have lengthened visa wait times. Visa applicants will be notified by the consulate when their passports and visas are ready to be collected.

GLITCH CRASHES GLOBAL US PASSPORT, VISA OPERATIONS

From The Associated Press, 07/23/2014

WASHINGTON (AP) — The State Department's global database for issuing travel documents has crashed, resulting in major delays for potentially millions of people around the world waiting for U.S. passports and visas, officials said Wednesday.

Unspecified glitches in the department's Consular Consolidated Database have resulted in "significant performance issues, including outages" in the processing of applications for passports, visas and reports of Americans born abroad since Saturday, spokeswoman Marie Harf said. She said the problem is worldwide and not specific to any particular country, citizenship document, or visa category.

"We apologize to applicants and recognize this may cause hardship to applicants waiting on visas and passports. We are working to correct the issue as quickly as possible," she said.

Harf said the problems with the database have resulted in an "extensive backlog" of applications, which has, in turn, hampered efforts to get the system fully back on line.

It was not immediately clear how many people are affected, but two U.S. officials familiar with the situation said some 50,000 applicants were hit in one country alone. The officials spoke on condition of anonymity because they were not authorized to discuss the matter publicly or identify the country.

The database is the State Department's system of record and is used to approve, record and print visas and other documents to ensure that national security checks are conducted on applicants.

Immigration Offices Will Close Across the Middle East, North Africa and Parts of Asia for Eid-al-Fitr

From Fragomen.com, 07/24/2014

Government offices throughout the Middle East, North Africa and parts of Asia will be closed in observance of Eid-al-Fitr. In most of the world, Eid-al-Fitr is expected to be observed between July 28 and August 1, though the exact dates will vary by country depending on lunar sightings. 

Immigration offices in Turkey will be closed July 28 – 30 and application processing is not expected to start again until August 4. Similar closures are expected in Bahrain, Egypt, Kuwait, Oman, and the United Arab Emirates. Government offices in Saudi Arabia are expected to stay closed further into August. The Malaysian Immigration Department (MID) headquarters closed on July 21 and will stay closed until August 8; application processing will not start again until August 11. 

What This Means for Employers and Foreign Nationals 

Employers and foreign nationals should be aware that immigration processing delays are likely in the weeks after Eid-al-Fitr, due to application backlogs that accumulate during this period. 

U.S. Consulates in Canada Temporarily Suspend TCN Visa Processing Over the Summer

UPDATE 
From Canada CSC, 06/13/2013

Important information for U.S. residents: Due to increasingly heavy demand by Canada-based visa applicants, U.S. visa processing posts in Canada are unfortunately extremely limited in the ability to accept visa applications from U.S. residents during the peak demand period of June through August. Appointments for visa renewals for U.S. residents who are currently studying or working in the U.S. will be more readily available during non-peak periods in October and November, and January through May.

For information on options for extending or renewing authorization to continue studies or employment while in the U.S., contact U.S. Citizenship and Immigration Services. Many travelers to Canada and Mexico are eligible for automatic revalidation at a Port of Entry without a new visa.

U.S.-based applicants who need a visa are encouraged to schedule an appointment in their home country. Information on worldwide appointment availability is found on the State Department’s website, www.Travel.State.gov.

From Fragomen.com, 06/10/2014

Third-Country National Visa Appointments Unavailable at U.S. Posts in Canada This Summer The Department of State has confirmed that third-country national (TCN) processing will not be available at any U.S. consular post in Canada from June to August 2014, except in emergency situations. TCN applicants with appointments already scheduled at a post in Canada during these months will not be affected. 

The suspension will primarily affect foreign nationals who seek to renew a visa in Canada rather than travel to their home country. Appointments are expected to be available to foreign permanent residents of Canada, however. 

From www.OgletreeDeakins.com, 06/04/2014

U.S. visa processing posts in Canada are urging third-country national (TCN) applicants to seek appointments at other U.S. Embassies and Consulates, such as those located in the applicants’ home countries. A TCN is an individual who applies for a visa at a U.S. Embassy or Consulate in a country where the individual is not a citizen or national.

The U.S. Department of State has reported that, as a result of heavy demand by Canada-based visa applicants during June, July, and August, the seven Canada posts are extremely limited in their ability to accept TCN cases during these peak demand months. Canadian posts will offer increased appointment availability for TCNs during non-peak processing times, namely October and November, and January through May. In the event of emergency cases during the peak demand period, applicants may seek consideration for scheduling an interview at a Canada post by visiting canada.usembassy.gov.

Employment Verification Letters for Immigration Purposes

To help make requesting immigration letters easier, Georgia Tech has partnered with The Work Number®, an automated service that protects your personal information. Immigration letters are designed for employees who travel internationally, supporting documentation for filing immigration forms with the U.S. Citizenship and Immigration Services, or for visa interviews with the U.S. Consulate.

http://www.ohr.gatech.edu/empverification/immigration 

Reminder: Travel Tips for Foreign Students Awaiting a Change of Status to H-1B

From Fragomen.com, 05/01/2014

Please note Fragomen's intended audience is future H-1B employees that will be employed by a cap-subject employer. As an institution of higher education Georgia Tech is cap exempt, therefrom the references to October 1, 2014 may not be applicable.

Are you an F-1 student who is the beneficiary of an H-1B petition and a request to change status to H-1B for employment starting on October 1, 2014? If you are planning to travel abroad between now and October 1, you should carefully consider whether your travel is necessary. 

Traveling internationally during this time can pose significant risks and result in delays, depending on whether you are in an ongoing course of study or period of optional practical training (OPT) or whether you are in the “cap gap” – the period between the end of your course of study or OPT and October 1, the date that a timely-filed H-1B petition and change of status will take effect. 

If you cannot postpone travel until after October 1, you should be aware that you may not be able to reenter the United States in F-1 status during the months before your H-1B petition takes effect. Instead, you may need to wait outside the United States and apply for an H-1B visa to reenter in time for your H-1B employment start date. If you do decide to travel abroad, you must make sure to have all necessary travel documents and be prepared for possible delays at U.S. consulates and ports of entry.

The following are some frequently asked questions and important tips to consider if you are thinking about leaving the United States before October 1. 

1. My H-1B petition and application to change status to H-1B have been filed and are pending with USCIS. May I travel internationally while they are pending? 

If you leave the United States before your change of status is approved by USCIS, you will have to take extra steps to assume your H-1B status on October 1.

According to a longstanding government policy, if you travel abroad while your H-1B petition and request to change status are being processed, the change of status portion of your case will be considered abandoned. USCIS could still approve the H-1B petition itself, but you would not automatically change to H-1B status on October 1. Instead, you would have to leave the United States again and apply for an H-1B visa at a U.S. consulate or, if otherwise permissible, have your employer submit a new petition to change status to H-1B after your return. If you apply for an H-1B visa abroad, you could be subject to a long wait overseas during the visa application process, which could delay your return to the United States and your ability to begin your H-1B employment on time. See below for more information about the visa application process. 

2. I am an F-1 student who is still in school and I am not applying for optional practical training. After my H-1B petition and application to change status are approved, can I travel abroad before October 1? 

After your change of status is approved but before it takes effect on October 1, you should be able to travel abroad and reenter, as long as your course of study is not finished and you are coming back to the United States to resume your studies. (If you will be finished with school by the time you travel, see Question 3.) 

When you travel, make sure you are carrying a valid passport with a valid F-1 visa stamp and a Form I-20 that is endorsed for travel. If your F-1 visa is no longer valid and you will need to get a new one to reenter in F-1 status, you should expect delays during the visa application process. If you have an approved H-1B petition, it may be difficult for you to demonstrate nonimmigrant intent, which is a requirement for F-1 students. See Question 6 for more information about these issues. 

3. I am finished with my F-1 course of study and I am not applying for optional practical training. After my H-1B petition and change of status are approved, will I be able to travel abroad? 

You cannot return to the United States in F-1 status if you travel abroad after your studies are finished. As long as your H-1B petition was filed before your F-1 student status expired, you can remain in the United States during the cap gap period between the end of your F-1 period of stay (including 60-day grace period) and October 1. But an F-1 student who travels abroad during the grace period or the cap gap cannot be readmitted to the United States in F-1 status. If you must leave the United States, you will have to apply for an H-1B visa to return, and will not be able to work until October 1. See Question 7 for more information about H-1B visa application procedures and delays. 

4. I am a J-1 exchange visitor who is the beneficiary of an approved H-1B petition for employment starting October 1, 2014. May I remain in the United States until then? 

It depends. As a J-1 exchange visitor, you are authorized to remain in the United States for the duration of your exchange program, plus a grace period of 30 days. If your J-1 period of stay and grace period end before September 30, 2014, you must depart the United States and apply for an H-1B visa abroad. You are not eligible for a change of status to H-1B because there will be a gap between the end of your period of authorized stay and the day your H-1B petition takes effect. Unlike F-1 students, J-1 exchange visitors are not eligible for cap gap benefits. 

However, if your J-1 period of stay (including grace period) remains valid through the start date of your approved H-1B petition and application to change status to H-1B, you may remain in the United States in J-1 status before your change of status takes effect. 

5. I am an F-1 student awaiting a change of status to H-1B and my OPT has expired. If I travel before October 1, what are the risks? 

If you travel abroad after your OPT has expired, you cannot return to the United States in F-1 status. As long as your H-1B petition was filed before your OPT expired, you can remain in the United States and work during the cap gap period between the end of OPT and October 1. But if you have completed studies and OPT and you travel abroad during the cap gap, you cannot be readmitted to the United States in F-1 status. 

If you must leave the United States, you will have to wait to apply for an H-1B visa to return. You will not be able to work again in the United States until October 1. See Question 7 for more information about H-1B visa application procedures and delays. 

6. I am currently in a valid period of OPT and I have a valid employment authorization document. Is international travel possible if my change of status petition has been approved? 

Yes, if you are in valid OPT, have a valid EAD and your change of status to H-1B has been approved before you leave, you should be able to return to the United States in F-1 status, as long as you have the appropriate documents and are able to show visa and immigration officers that you intend to comply with F-1 rules, including having nonimmigrant intent. If your H-1B change of status is approved before you depart the United States, the change of status will take effect on October 1 as long as you have returned to the United States before that day. 

You will need the following documents to reenter in F-1 status:

§  A valid passport with a valid F-1 visa stamp. If you need to apply for a new F-1 visa stamp to reenter the United States as a student, you should expect delays at the U.S. consulate and at the port of entry (see Question 7 for more details);

§  A Form I-20 that is endorsed for travel by a designated school official;

§  A valid EAD. If you are applying for an extension of your OPT on the basis of a degree in a designated science, technology, engineering or mathematics (STEM) field, you should not leave the United States until you receive your new EAD for the extension period; and

§  A letter from your OPT employer that verifies your employment. You must have an OPT job or job offer before you leave the United States. If you go abroad before you find a job, your OPT period will be terminated and you will not be able to return to the United States unless and until you obtain an H-1B visa.

If you travel abroad while on OPT, caution is advised. In particular, pay attention to the number of days you spend outside the United States, because that time could be counted against the regulatory limit on unemployment during the OPT period. USCIS rules require an F-1 student to have no more than 90 days of unemployment during OPT (or 120 days for F-1s who have received an OPT extension based on a STEM degree). This includes time spent outside the United States, unless international travel takes place during leave that is authorized by your OPT employer or is part of your OPT employment. 

7. Before October 1, I plan to leave the United States and reenter in my F-1 status, but I will need to apply for a new F-1 visa while I am abroad. What should I expect during the visa application process and at the port of entry? 

You should be prepared for possible delays and difficulties when you apply for a new F-1 visa and when you are inspected at the border. 

First, like any visa applicant, you could be required to go through a security clearance before your visa can be issued. If your name, personal details or travel history match or are similar to information in government security databases or travel watch lists, the State Department will not be able to issue a visa until it confirms that you are not the same person as an individual who appears on a security list. Many security clearances get resolved in a matter of weeks, but if you have a common name, your clearance could take several months or longer. If this occurs, your reentry to the United States could be delayed. 

Second, officials at U.S. consulates and the U.S. border may question whether you have nonimmigrant intent, i.e., whether you genuinely intend to return to your home country. Having a foreign residence that you do not intend to abandon is a requirement for F-1 status. If you have an approved H-1B in the system, consular and border officials will know that you have a professional job in the United States – a possible indication of strong ties to the United States. If a consular or border officer questions your intentions, you could have your visa or entry denied or delayed, and may have to wait overseas until you can apply for an H-1B visa to enter and start your H-1B employment. Having a foreign residence is not a requirement for an H-1B visa. 

8. If I decide to leave the United States before October 1, how soon can I apply for my H-1B visa and enter the United States in H-1B status? 

You can generally apply for your visa up to 90 days before your H-1B petition start date, according to State Department rules. If your start date is October 1, 2014, you would be able to apply for your H-1B visa no earlier than July 3, 2014. But procedures differ among U.S. consulates, so you should check with the consulate where you will apply for specific instructions on when you can submit your visa application. Contact information for U.S. embassies and consulates is available at http://usembassy.gov/.  

Once you have applied for your H-1B visa, be prepared for a possible security clearance. As discussed in Question 7, if your name, personal details or travel history match information in government security databases or on travel watch lists, the State Department will not be able to issue your visa until it confirms that you are not the same person as a listed individual. A security clearance may also be required if you will work in high technology, engineering or the sciences, or with products or services that have both commercial and military applications (known as "dual use" technologies). Security clearances typically get resolved in a matter of weeks, but can take several months or longer depending on the circumstances. 

Once you have received your H-1B visa, you may enter the United States up to ten days before your H-1B petition start date. If your start date is October 1, 2014, you can enter as early as September 21, 2014. The extra ten days allows you to get settled in the United States, but you cannot do H-1B work during this time. You are not authorized to start your H-1B employment until your actual petition start date.