Nonimmigrant Travel Outside the United States

I am in the United States on a nonimmigrant visa and want to travel outside of the United States. Do I need to file special documents?

Before leaving the United States you will need to file for "advance parole" to re-enter the country after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole before leaving the United States to avoid termination of their pending adjustment application. You will not have to file this document if you have applied to adjust to permanent resident status and maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status.

You will need to complete and sign Form I-131, and provide an explanation or other evidence demonstrating the circumstances that warrant issuance of advance parole. Advance parole does not guarantee readmission into the United States. You are still subject to the immigration inspections process at the port of entry.

My application for advance parole was denied. What can I do?

You will receive a letter telling you the reasons for denial if your application is denied. You can submit a motion to reopen or a motion to reconsider with the office that made the unfavorable decision. If you choose to file a motion to reopen, you must state the new facts that you are providing in the reopened proceeding and must provide affidavits or other documentary evidence. If you choose to file a motion to reconsider, you must establish that the decision was based on an incorrect application of law or USCIS policy, and establish that the decision was incorrect based on the evidence in the file at the time the decision was made.

Is my visa the only document I need to work in the United States?

In some cases, if you are not a lawful permanent resident (green card holder), you may need to apply for an Employment Authorization Document (EAD) to prove you may work in the United States. Among those who need an EAD are: asylum seekers, refugees, students seeking particular types of employment, applicants to adjust to permanent residence status, and fiancés of U.S. citizens. USCIS Form I-765, Application for Employment Authorization, has a complete list of the categories of people who must apply for an EAD. Some applicants are eligible to file Form I-765 electronically. If not, you must file the application at the Regional Service Center in your area. More information about the form and the location of the nearest Service Center can be found on the USCIS Web site.