While L1 visa holders are generally permitted to travel internationally, it's important to understand the restrictions and guidelines that apply to your specific situation. In this article, we'll explore the key considerations for L1 visa holders when it comes to international travel.
What are L1 visa travel restrictions?
- L1 visa holders can travel internationally: As an L1 visa holder, you can leave the U.S. and re-enter as many times as you wish. There is no set time that you are required to spend in the U.S.
- Supporting documents required: You should carry with you the I-797 approval notice and latest two paystubs from your L1 employer.
- Valid visa stamp required for re-entry: An L1 visa stamp in your passport is required for re-entry into the U.S. If your L1 visa stamp has expired, you'll need to obtain a new one at a U.S. consulate or embassy abroad before returning to the United States.
How does traveling impact L1 visa status and pending green card applications?
- Maintaining visa status while traveling: L1 visa holders can generally travel internationally without jeopardizing their visa status, as long as they maintain their employment with the sponsoring company and adhere to the terms of their visa. This means continuing to work in the capacity specified in your L1 petition and not engaging in unauthorized employment.
- Traveling with pending green card applications: L1 visa holders with pending green card applications, such as EB-1 visa petitions, can also travel internationally without abandoning their application, as long as they have a valid L1 visa and supporting documents. However, it's crucial to maintain your L1 status and avoid any prolonged absences from the U.S. that could be interpreted as abandoning your permanent residence.
- Consult with an immigration attorney: Before making any international travel plans, check with your immigration attorney to assess any potential risks or issues, especially if you have a pending green card application.
What should L1 visa holders consider before traveling internationally?
- Check passport and visa validity: Before planning any international travel, ensure that your passport and L1 visa stamp are valid for re-entry into the United States. If your visa stamp has expired or will expire while you're abroad, you'll need to obtain a new one at a U.S. consulate or embassy before returning.
- Gather required documentation: Collect all required documentation, including your I-797 approval notice, employment verification letter, paystubs, and any additional supporting documents. Make copies of these documents and carry them with you when traveling.
- Assess potential risks with an attorney: Consult with an immigration attorney to assess any potential risks or issues related to your international travel, especially if you have a pending green card application and are nearing the end of your L1 visa validity.
- Prepare for re-entry procedures: Be prepared for additional screening upon re-entry into the United States. CBP officers may ask questions about your travel, employment, and visa status. Remain calm, be honest, and provide the requested documentation to facilitate a smooth re-entry process.
Can L1 visa holders travel while their L1 visa extension is pending?
- Traveling with a pending extension: L1 visa holders can travel internationally while their L1 extension is pending, as long as they have a valid L1 visa stamp in their passport. The pending extension does not prevent you from leaving and re-entering the U.S., as long as you maintain your L1 status and have the necessary documentation.
- Visa stamp expiration during pending extension: However, if your L1 visa stamp expires while your extension is pending, you will need to obtain a new visa stamp at a U.S. consulate abroad before re-entering the U.S. This will require the new extended I-797 approval notice. This can be a time-consuming process, so it's important to plan ahead and allow sufficient time for visa processing.
If you have questions about your specific situation or need assistance with your L1 visa or green card application, get started with a free consultation today. At Alma, we're here to simplify the immigration process and provide the personalized support you need to achieve your goals.
Frequently Asked Questions
Pegah Karimabakhsh Asli is an Associate Attorney at Alma, where she advises startups, founders, and enterprise clients on a wide range of employment-based immigration matters. She has extensive experience preparing and filing petitions across key categories, including TN, H-1B, L-1, O-1, EB-1, NIW, and Adjustment of Status (AOS), and provides strategic counsel to clients navigating complex immigration pathways.
Before joining Alma, Pegah worked at Fragomen in Silicon Valley, where she supported multinational corporations and high-growth companies with business immigration strategy and case management.
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