Temporary Workers
(H-1B, O-1, TN and E-3 Beneficiaries)
If the temporary worker leaves the U.S., he or she must present the current valid visa and passport in order to be readmitted to the U.S. The expiration date for the temporary worker’s passport must be at least six months beyond the date that the temporary worker returns to the U.S.
On the departure date from the U.S., if the temporary worker has a valid and appropriate visa stamp and a valid passport that will be acceptable on the intended re-entry date to the U.S., no additional documents are required.
If the temporary worker does not possess a visa stamp type that matches his or her current nonimmigrant status (H-1B, O-1, or E-3), the appropriate visa stamp must be acquired before the temporary worker will be permitted to re-enter the U.S. Before traveling abroad, temporary workers who do not possess the required documents for re-entry to the U.S. should send an e-mail message to the Faculty and Scholar Services office at least one week in advance of their departure date and request the Faculty and Scholar Services issued documents that will be required to successfully complete the visa application process at a U.S. Embassy or Consulate General’s office.
When the temporary worker is traveling outside the U.S. and applying for a visa at a U.S. Embassy or Consulate General’s office, the individual will need to present the entire Form I-797 (Approval Notice), a certified copy of the Form I-129 petition that submitted to USCIS the University, the original Labor Condition Application (if the current status is H-1B or E-3) and any additional forms and documents that are required by the visa section office. Since original I-797 forms are difficult to replace the International Center requires the individual or his or her representative to personally pick up and return the forms to the International Center. If the temporary worker is not working on the main campus, the documents will be mailed using an express courier service. After the temporary worker has returned to the U.S. the original approval notice must be returned to the Faculty and Scholar Services office in the International Center.
At the Port of Entry to the U.S., a U.S. immigration officer will issue an I-94 card which will post pertinent information regarding the foreign national’s status and stay in the U.S. The immigration status (Ex: J-1, H-1B, TN, or Parolee) posted on the I-94 card determines the current status of the foreign national and the date entered on the I-94 card by a U.S. Immigration Officer determines the status end date. Remain aware that the Last Action Rule applies to the action taken by the immigration officer. Therefore, information posted on I-94 cards at the U.S. Port of Entry invalidates previously issued immigration documents and the University may be required to submit a subsequent petition on the foreign national’s behalf at an earlier date than anticipated in order to maintain the employment eligibility of the non-immigrant.
For additional information about travel documents, please click here.