Can You Travel With a Pending PERM Application?

Key Takeaways:

1. Navigating international travel while your PERM application is pending is possible with careful consideration and preparation.
2. Ensure your visa allows for international travel, have a valid passport, and consult with an immigration attorney.
3. Communicate with your employer, gather necessary documents, and be prepared to provide evidence of employment upon re-entry.

Navigating the Waters of PERM Application Travel

Traveling can be a necessary part of life, whether it’s for business, pleasure, or to visit family. However, when you have a pending Program Electronic Review Management (PERM) application, the situation becomes more complex. The PERM process is the first step for many foreign nationals who wish to gain permanent residency in the United States. Understandably, applicants often question if they can travel internationally while their PERM application is pending without jeopardizing their application.

Understanding PERM and its Implications on Travel

Before exploring the nuances of travel, it’s essential to have a basic understanding of what a PERM application entails. The PERM labor certification is a process wherein the Department of Labor (DOL) certifies that there are not enough qualified, willing, and able U.S. workers to fill the position being offered to a foreign worker, and that hiring the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Now that we’ve established what PERM is let’s dive into the main concern at hand—your ability to travel while your application is still pending.

Can You Travel with a Pending PERM Application?

The good news is that having a PERM application in process does not, in itself, restrict your ability to travel. This is because the PERM application is filed by your employer and does not grant you any type of nonimmigrant or immigrant status. Your travel eligibility will depend on your current visa or nonimmigrant status.

Key Considerations Before You Pack Your Bags

To ensure seamless travel during the PERM process, there are several key considerations you should keep in mind:

• Valid Visas: Ensure your visa or nonimmigrant status allows for international travel and re-entry to the U.S. You should have a valid H-1B, L-1, or other nonimmigrant visas that permit multiple entries.

• Passport Validity: Your passport must be valid for at least six months beyond the period of your intended stay in the U.S. upon your return.

• Pending I-140 or Adjustment of Status (I-485): If you have reached the I-140 immigrant petition stage or have a pending Adjustment of Status application, the stakes are higher. Travel is generally not advised unless you’ve obtained Advance Parole.

• Potential Risks: Every entry into the United States is at the discretion of the border officials. Understand that every time you leave and attempt to re-enter, you are subject to inspection and potential denial of entry.

• Employer Notification: Always communicate with your employer about your travel plans. They need to be aware in case any issues arise during your absence.

Advice from Experts

“Traveling during the PERM process calls for careful consideration,” says an immigration attorney, “You’re not prohibited from travel, but maintaining your legal status and ensuring you have the proper documents for re-entry is crucial. Consulting with your immigration attorney before making any travel plans can save you from complications later.” This professional perspective highlights the importance of communication and legal advice when planning travel during the PERM process.

Preparedness for Re-entry

As you plan for travel during the PERM application process, keep in mind the information you may need to provide upon your return to the United States:

• Evidence of Your Employment: Have a letter from your employer confirming your employment and the existence of a job upon your return.

• Copy of PERM Filing: While not mandatory, it’s good to carry a copy of the PERM Labor Certification to show that a process is underway for your permanent residence.

Steps to Take Before Traveling

Here’s a simplified checklist to help guide your pre-travel preparation:

1. Confirm visa status and passport validity.
2. Arrange a consultation with your immigration attorney.
3. Notify your employer of your travel plans.
4. Gather necessary documents for re-entry to the U.S.
5. Consider the timing of your travel in relation to any other pending applications, such as an I-140 or I-485.

Safeguard Your Immigration Journey

Remember, travel with a pending PERM application is possible, but being informed and cautious is the key to protecting your future residency plans. Each individual case may differ, and the best course of action is to work closely with your employer and immigration attorney.

To ensure you have the most current and accurate information, you can always visit the United States Department of Labor for updates regarding PERM processes, and U.S. Citizenship and Immigration Services (USCIS) for more on nonimmigrant visas and travel documents.

International travel while undergoing the various stages of U.S. immigration has its complexities, and the PERM application process is no different. With thoughtful preparation, travel during the PERM process can be done without endangering your status or future within the U.S. Keep in communication with your legal counsel, plan ahead, and you’ll be navigating the waters of PERM application travel successfully.

Still Got Questions? Read Below to Know More

Will my pending PERM application be affected if I get a new job offer while traveling overseas?

If you have a pending PERM (Program Electronic Review Management) application, which is the first step in the process for obtaining an employment-based green card in the United States, it’s important to understand the impact of receiving a new job offer while traveling overseas.

Firstly, your PERM application is specific to the employer who filed it and the position for which they are sponsoring you. If you receive a new job offer and decide to accept it, your pending PERM application with your current employer would generally no longer be valid. This is because the PERM is based on a specific job offer and the promise of future permanent employment in that role. If you are no longer intending to work in that position, the application cannot be used to support your green card process with a different employer.

However, if you don’t actually start the new job and wish to continue with your current employer’s PERM process, your overseas travel or the fact that you received a job offer should not directly affect your pending PERM application. It’s crucial to communicate with your current employer about your intentions to ensure the PERM process can continue without interruption. You can find more detailed information about the PERM process on the U.S. Department of Labor’s website: Office of Foreign Labor Certification.

Keep in mind that changing jobs during the green card process can have complex implications, especially if your I-140 (Immigrant Petition for Alien Worker) has already been filed or approved, or if your I-485 (Application to Register Permanent Residence or Adjust Status) is pending. In such cases, consult with an immigration attorney to understand your options and ensure you make informed decisions regarding your employment and immigration status.

Can family emergencies abroad affect my PERM process if I have to travel immediately?

Certainly, if you’re in the middle of the PERM (Program Electronic Review Management) process for obtaining U.S. employment-based permanent residency, and you have a family emergency that requires you to travel abroad, there are a few important considerations:

1. Travel may not directly impact your PERM application: The PERM process primarily involves your employer and the Department of Labor (DOL). Your physical presence in the U.S. is not a requirement for the application’s progress. However, you should keep in contact with your employer and attorney to ensure any required actions on your part can be completed remotely if necessary.

2. Maintain your immigration status: It’s essential to maintain your legal immigration status, such as H-1B, L-1, or another nonimmigrant classification, during your travel. Make sure to have valid travel documents, including a visa that allows re-entry to the U.S. If your visa needs renewal, you might face delays which could impact your ability to return quickly and resume your work in the U.S.

3. Advance Permission if on Adjustment of Status Path: If you’re in the stage of your green card process where you have filed for Adjustment of Status (I-485) and do not have a valid visa, you’ll need to apply for Advance Parole, which allows you to return to the U.S. without abandoning your application. Failing to do so could result in being unable to return and could potentially affect the outcome of your permanent residence application.

Here are quotes from the U.S. Citizenship and Immigration Services (USCIS) regarding travel while an application is pending:

“If you need to travel outside the United States temporarily while your Form I-485 is pending, please file Form I-131, Application for Travel Document.”

“If you depart the United States without an advance parole document, you have abandoned your application.”

For authoritative information, you should consult the official USCIS page on travel documents: USCIS – International Travel as a Permanent Resident. Additionally, it’s wise to retain communication with your immigration attorney throughout your travel to manage any unexpected issues relating to your immigration status or the PERM process.

What should I do if my visa expires while I’m abroad waiting for my PERM application decision?

If your visa expires while you are abroad waiting for your PERM (Program Electronic Review Management) application decision, it’s essential to understand that PERM is a part of the employment-based green card process, primarily concerned with labor certification. Being unable to return to the United States because of an expired visa can potentially complicate your situation, but there are steps you can take:

1. Monitor Your PERM Application: Even if you are abroad, keep track of your PERM application’s progress. You can do this through the Department of Labor’s (DOL) website or through your employer or attorney who is handling the application for you.

2. Consult with Your Employer and an Immigration Attorney: If you anticipate that your visa will expire, you should immediately discuss your situation with your employer and a qualified immigration attorney. They can guide you regarding the impact of your visa expiration on your PERM process and may suggest alternatives, such as filing for a visa extension or a different kind of visa that will allow you to re-enter the U.S.

3. Plan Your Re-entry: In the event that the PERM approval takes longer than anticipated and you must re-enter the U.S., you may need to apply for a new visa. Depending on the type of visa you held, you might be eligible to apply for an extension or renewal from outside the U.S. Alternatively, if your visa category does not permit this, you may need to reapply for a new visa at a U.S. consulate or embassy. Remember to gather all necessary documents for this process, which usually include proof of employment, the status of your PERM application, and your ties to your home country.

Here’s what the U.S. Citizenship and Immigration Services (USCIS) states regarding visa expiration:

“A visa must be valid at the time a traveler seeks admission to the United States, but the expiration date of the visa does not determine how long a foreign national may stay in the United States.”

For authorative and up-to-date information, consult the Department of State’s website for visa information and the Department of Labor’s page for PERM application specifics:

• U.S. Department of State Visa Information: https://travel.state.gov/content/travel/en/us-visas.html
• Department of Labor, Foreign Labor Certification: https://www.dol.gov/agencies/eta/foreign-labor

Always keep in mind that immigration matters can be complex, and professional legal advice is invaluable in such situations.

If my passport is due for renewal while I’m out of the U.S. with a PERM application in progress, how should I handle it?

If your passport is about to expire while you’re outside the U.S. with a PERM (Program Electronic Review Management) labor certification application in progress, here are the steps you should take:

1. Renew Your Passport: Contact your home country’s embassy or consulate in the country where you are staying to renew your passport. It’s important to do this before your passport expires to avoid any complications with your travel plans or immigration status.

2. Keep Records: Once you have your new passport, make sure to keep a copy of your old passport (if possible), especially the pages with stamps and visas. This can be important for your PERM application process and for maintaining records of your travel and immigration history.

3. Update Relevant Parties: Notify your immigration lawyer or employer about your new passport details. They may need to update your PERM application or related documents with your new passport number and expiration date. However, generally, passport details are not directly linked to the PERM application process because the PERM is filed by the employer with the Department of Labor and is primarily concerned with the job and labor market.

While your passport renewal is generally a personal matter, it’s important to renew it promptly to ensure that you have valid travel documents. If your PERM application is approved and you’re applying for a visa, you will need a passport that’s valid for at least six months beyond your intended period of stay in the United States.

For more information about the PERM process, you can visit the U.S. Department of Labor’s Employment & Training Administration website. For passport renewal instructions, check with your country’s embassy or consulate or their official websites.

I’m on OPT and my employer just started my PERM application; can I visit my home country before it’s approved?

Yes, as someone on Optional Practical Training (OPT), you can generally visit your home country while your PERM (Program Electronic Review Management) application is pending. Here are some important considerations to keep in mind:

• Valid F-1 Visa: Ensure that your F-1 visa is valid for re-entry into the United States. If your visa has expired, you will need to apply for a new one while you are abroad.
• Valid Employment Authorization Document (EAD): You need to have a valid EAD, and it’s advisable to carry evidence of employment (like a job offer letter or employment verification letter) to show at the port of entry.
• Travel Signature: Before leaving the U.S., make sure to get a travel signature on your Form I-20 from your designated school official (DSO). The travel signature is usually valid for one year and shows that you are maintaining your F-1 status.

Keep in mind that the decision to allow entry into the U.S. is ultimately made by the Customs and Border Protection (CBP) officer at the port of entry. Therefore, it’s important to carry all the necessary documents to substantiate your OPT status and the pending PERM application.

It is also important to stay informed on any changes in immigration policies or travel advisories that may affect your ability to re-enter the U.S. For more specific information, consult with your DSO or an immigration attorney, and always refer to official sources such as the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State for the most up-to-date travel and visa information.

“Consult with your DSO or an immigration attorney if you have any specific concerns about traveling while your PERM application is pending to ensure you have all the necessary documentation.”

Remember that travel can sometimes be unpredictable, so it’s best to plan ahead and leave ample time for any unforeseen delays. Safe travels!

For more information, you can visit:

• U.S. Citizenship and Immigration Services: USCIS
• U.S. Department of State – U.S. Visas: Travel.State.Gov

Learn Today:

Glossary of Immigration Terminology

1. Program Electronic Review Management (PERM) Application: The first step for many foreign nationals who wish to gain permanent residency in the United States. It is a labor certification process wherein the Department of Labor (DOL) certifies that there are not enough qualified, willing, and able U.S. workers to fill the position being offered to a foreign worker.

2. Nonimmigrant Status: The specific immigration status granted to individuals who temporarily reside in the United States for a specific purpose, such as work or study, and do not have the intention of permanently residing in the country.

3. H-1B Visa: A nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialized occupations.

4. L-1 Visa: A nonimmigrant visa that allows companies operating both in the United States and abroad to transfer certain employees from their foreign operations to their U.S.-based operations.

5. Adjustment of Status (I-485): The process of changing a nonimmigrant status to that of a lawful permanent resident (green card holder) while the individual is in the United States.

6. Advance Parole: A travel document that allows certain individuals with a pending Adjustment of Status application to travel internationally and return to the United States without abandoning their application.

7. Border Officials: Officers at the U.S. border who have the authority to inspect individuals entering the country and determine whether they meet the requirements for admission.

8. Immigration Attorney: A legal professional who specializes in immigration law and provides advice and assistance to individuals going through the immigration process.

9. Employment Confirmation Letter: A letter from an employer confirming an individual’s employment and the existence of a job upon their return to the United States.

10. PERM Labor Certification: A document issued by the Department of Labor (DOL) certifying that there are not enough qualified, willing, and able U.S. workers to fill a specific position being offered to a foreign worker.

11. United States Department of Labor (DOL): The government agency responsible for enforcing labor laws and overseeing employment-related immigration processes, including the PERM application process.

12. U.S. Citizenship and Immigration Services (USCIS): The government agency responsible for administering and enforcing immigration laws in the United States, including the adjudication of nonimmigrant visas and permanent residency applications.

13. Legal Counsel: A term referring to legal professionals, such as immigration attorneys, who provide legal advice and representation to individuals in immigration-related matters.

14. Residency Plans: Refers to an individual’s intention or desire to become a lawful permanent resident (green card holder) of the United States.

15. Consultation: A meeting or discussion with an immigration attorney or legal counsel to seek advice, guidance, and clarification on immigration-related matters.

So, if you’re a globetrotter with a pending PERM application, don’t fret! With the right visa, valid passport, and clear communication with your employer and immigration attorney, you can pack your bags and explore the world while your application is being processed. Just remember to gather the necessary documents for re-entry and prioritize your immigration journey. And for more expert advice on PERM applications and other immigration topics, be sure to check out visaverge.com. Happy travels!

This Article in a Nutshell:

Traveling with a pending PERM application is possible, but it’s important to consider a few things. Make sure your visa allows for international travel, check your passport’s validity, and be aware of potential risks at the border. Always inform your employer, consult with an immigration attorney, and gather necessary documents for re-entry. Stay informed and plan ahead for a smooth journey.