Last Updated on November 19, 2024
With the holidays quickly approaching, global mobility and HR teams should be prepared to support employees with international travel plans to ensure continued compliance and mitigate potential challenges. This is especially true because immigration requirements vary significantly depending on the travel destination, the planned duration of stay and several other factors. Even transit through certain countries may come with additional steps and requirements. Proper preparation is key to making a smoother journey.
The following holiday travel tips are designed to help foreign nationals and HR professionals supporting employees navigate the travel process. The information below outlines some of the common situations you may encounter when traveling internationally. For specific guidance, remember to consult with an immigration professional.
Ensure Your Immigration Travel Documents Are Valid
Travel preparation starts well before departure. You may need several weeks or even months to ensure your travel documents are ready for your trip.
Below are some common travel documents you may need:
- Passport: Make sure your passport is valid for the duration your destination country requires—often six months beyond the expected return date.
- Visa Requirements: You may need a valid visa stamp or other visa or entry documentation (potentially issued digitally) for many countries to make your trip. Prior to travel, make sure to check the requirements for undertaking the trip and, as early as possible, book an appointment at the relevant embassy or consulate to secure your visa well in advance. Holidays can lead to longer wait times, so early planning is essential.
- Proof of Employment or Sponsorship: Certain countries may require you to show proof of continuing employment or sponsorship while abroad. Bring copies of recent paystubs, an Employment Verification Letter or other necessary documents to demonstrate your current employment status.
- Permanent Residence or Immigration Applications: If you hold a residence permit or are in the process of obtaining permanent residence, ensure you have valid re-entry documentation. If you’re awaiting approval on an application, consult with legal counsel before traveling to avoid any issues.
Check Transit and Travel Requirements
If your travel involves a layover in another country, you may need a transit visa or specific documents, even if only a stopover is contemplated. Research the country of transit’s requirements and confirm any necessary paperwork or required visas with your legal counsel before departure.
It is best practice to also check with your air carrier (or other travel provider) regarding any requirements they may have for boarding, disembarking, or entry to the destination country for both transit and destination locations. In some instances, an airline’s interpretation of current rules and regulations may differ from the specific requirements outlined by the governments of the relevant countries, so it is prudent to check with your travel provider to ensure their requirements are also met before travel.
Plan for Potential Delays
International travel can involve unexpected delays, especially during busy holiday periods. Add buffer time to your itinerary to account for potential delays with customs checks, security screenings, and other processes. If possible, try to book flexible trips that can be rescheduled (and refunded).
Navigating Immigration Requirements When Re-Entering Your Country of Employment
Requirements and experiences for re-entering your destination country can vary. For example:
- Questions from Customs Officers: Be prepared to answer questions about your purpose of travel, job title, employer, and length of stay. Reviewing relevant details about your employment can help you respond confidently. Consult your legal team before departure if you’re unsure of specific details.
- Checking Immigration Documents: Upon re-entry, double-check that your information has been recorded accurately by customs and immigration officials. You can view your entry records online to confirm your authorized stay period in many countries.
U.S.-Specific Holiday Travel Tips
Specific immigration requirements apply to foreign nationals traveling to and from the U.S. Consult with your immigration counsel for additional guidance on your situation.
Ensure Your U.S. Immigration Documents Are Valid
- Form I-797 Approval & Petition: Bring your latest Form I-797 Approval Notice and a full copy of your employer’s petition for nonimmigrant, employment-based petitions.
- L-1 Blanket Petition Applicants: Bring your endorsed Form I-129S stamped by a U.S. immigration officer.
- Visa Stamps: Most nonimmigrant workers need a valid visa stamp for their specific category to re-enter the U.S. If the stamp has expired, you must renew it at a U.S. Embassy or Consulate abroad. Use the Department of State’s scheduling website to book early to account for holiday wait times.
- Advance Parole: For those with pending adjustment of status or immigration applications, a valid Advance Parole document is necessary for re-entry to the U.S. (unless holding certain work visas like H-1B or L-1). We recommend waiting for Advance Parole approval before departing to avoid risking the application’s denial.
- Pending Green Card/Adjustment of Status Application: If you have a pending greencard or adjustment of status application, have your valid Advance Parole document or a valid H-1B visa or L-1A/L-1B nonimmigrant visa to re-enter the U.S.
Navigating U.S. Entry
- Be Prepared for U.S. Customs Questions: U.S. Customs officers may ask questions about your employer, job title, and purpose of stay. Review job details from your most recent visa petition to respond accurately. Truthful answers are essential; consult with your legal team for clarification.
- Rights and Limitations: You do not have a right to an attorney at U.S. Ports of Entry, but officials may allow you to contact your legal team if needed.
- Confirm I-94 Details: Upon re-entry, review your I-94 Arrival/Departure Record online to confirm that your information is correct and that you were admitted with the correct status and authorized stay period. If anything appears incorrect, contact your legal team for guidance.
Support from HR Professionals for Holiday Travel
HR teams can help ease the travel process for foreign national employees by:
- Planning Ahead: Coordinating with employees and legal teams well in advance to outline necessary steps.
- Setting Expectations: Communicate any potential travel restrictions or requirements. Especially if travel plans might impact the employee’s ability to return on schedule.
- Staying Informed: Subscribe to news alerts from Envoy Global or follow updates on our website to stay current on travel and immigration news relevant to U.S. and global destinations.
- Work with an Immigration Service Provider: Envoy Global works with teams to ensure that your foreign national employees comply with immigration laws and requirements wherever they need to go. Our team of immigration professionals, combined with our industry-leading technology, helps companies better manage their global immigration programs.
International holiday travel involves many considerations. Following these tips, planning ahead and working with an immigration service provider like Envoy Global can help HR teams and foreign national employees have a seamless, stress-free travel experience.
Happy holidays and safe travels from Envoy Global!
Envoy is pleased to provide you with this information, which was prepared in collaboration with Anne Walsh and Joy Ang, Partners, at Corporate Immigration Partners, P.C., a U.S. law firm who provides services through the Envoy Platform (the “U.S. Law Firm”). Along with Brendan Coggan, SVP of Global Services at Envoy Global and founding partner at Corporate Immigration Partners.
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. Envoy is not a law firm, and does not provide legal advice. If you would like guidance on how this information may impact your particular situation and you are a client of the U.S. Law Firm, consult your attorney. If you are not a client of the U.S. Law Firm working with Envoy, consult another qualified professional. This website does not create an attorney-client relationship with the U.S. Law Firm.
