What an Employer Needs to Know to Prepare for International Personnel Holiday Travel
- Danielle Atchison, Mdivani Business Immigration Lawyer
- 2 hours ago
- 2 min read
As the holiday season approaches, many employees, including international employees, will be taking time off to be with family. Importantly, for our international personnel, any international travel requires the worker to have their valid visa in hand to reenter the United States to work for you.
Update on visa application processing:
In September the Department of State issued notice that all visa applicants have to make their applications in their country of residence or nationality. This means the international personnel cannot select the consulate that is most convenient for them to make a visa application but rather have to go to their home country. Additionally, in September, the DOS has eliminated interview waivers for most visa applicants; therefore, the very handy “drop box” appointments are eliminated and the applicant should plan to go to the consulate for an interview each time they need a new visa.
Why this matters and how to prepare:
The requirement of individuals to go to their home country and elimination of interview waivers will cause delays and difficulty in the employee’s return to the United States. Additionally, it is becoming more unclear how the Department of State/Consular Official will decide any specific case.
Ways to prepare for this new rule and to be ahead of the holiday rush of visa applications include:
Timing & logistics: The employee should let the manager and HR know as soon as they know their travel dates.
Employer Consular Package: The employer should provide the employee an H-1B/L/etc. Employer Consular Package, which contains the documents a consular officer would need to decide the visa application, including a copy of the approval notice, latest paystubs, and copy of filed/approved petition, along with a letter from the employer confirming current employment.
Conclusion
With these recent changes, Employers should anticipate growing visa wait times and more difficult experiences in getting a visa issued. The goal is to plan ahead and be flexible.
Business Immigration Lawyer
The information on this website is for general information purposes only, it is not legal advice applicable to a specific situation. Viewing it does not create an attorney-client relationship.
